Zero size

Section I

Q1. What do you mean by IPR? Discuss in detail the basic concepts of Intellectual Property
Law.

Answer:

Introduction:
Intellectual Property Rights (IPR) are legal rights given to inventors and creators to protect their
creations or inventions for a certain period of time. These rights encourage innovation by
granting exclusive rights to use, produce, and sell the invention or work.

Types of Intellectual Property:

1. Patent: Protects inventions. It gives the patentee exclusive rights for 20 years.
2. Copyright: Protects literary and artistic works like books, music, films, etc.
3. Trademark: Protects symbols, logos, or words that distinguish goods or services.
4. Designs: Protect the visual design of objects that are not purely utilitarian.
5. Geographical Indications (GI): Identifies goods originating from a specific place,
giving them unique characteristics (e.g., Darjeeling Tea).
6. Trade Secrets: Protects confidential business information.

Importance of IPR:

 Encourages innovation and creativity.

 Provides recognition and economic benefits to creators.
 Facilitates technology transfer and investment.
 Helps in branding and market expansion.

Basic Concepts of IP Law:

 Originality and Novelty: The work must be new and original.

 Exclusivity: Legal ownership gives the right to exclude others.
 Territoriality: Rights are generally enforceable only within the granting country.
 Duration: Rights are time-bound.
 Balance of Interests: Law balances rights of creators and the public interest.

Conclusion:
IPR is essential in the modern economy to protect innovation and promote fair trade. With
globalization, enforcing and understanding IPR has become even more critical.
Section II

Q2. Write an explanatory note on the Berne Convention.

Answer:

Introduction:
The Berne Convention for the Protection of Literary and Artistic Works was adopted in 1886 in
Berne, Switzerland. It is a multilateral agreement that governs copyright globally.

Key Objectives:

 Provide protection to authors for their literary and artistic works.

 Establish a minimum standard of protection.
 Promote international cooperation in copyright enforcement.

Key Features:

1. National Treatment: A work originating in one member country must be given the same
protection in all other member countries.
2. Automatic Protection: Protection is not dependent on registration or compliance with
formalities.
3. Minimum Standards: Includes duration of copyright (life of the author + 50 years),
moral rights, translation rights, etc.
4. Moral Rights: Authors have the right to claim authorship and object to distortion.
5. Works Covered: Books, lectures, musical compositions, artworks, architecture,
photographs, etc.

Relevance to India:

 India is a signatory since 1928 and revised under the Paris Act 1971.
 The Indian Copyright Act, 1957 is in conformity with Berne standards.

Conclusion:
The Berne Convention is a cornerstone of international copyright law and plays a crucial role in
safeguarding the rights of authors across borders.

Q3. What is the nature of Copyright? Discuss in detail the subject matter of copyright with
specific reference to artistic work.

Answer:

Nature of Copyright:
Copyright is a bundle of exclusive rights granted to the creator of original works. It protects the
expression of ideas but not the ideas themselves.

Features:

 Automatic upon creation (no registration needed).

 Economic rights and moral rights are both protected.
 Time-bound protection (generally life + 60 years in India).

Subject Matter of Copyright:

 Literary Works: Novels, poems, articles, etc.

 Dramatic Works: Plays, scripts.
 Musical Works: Melodies, lyrics.
 Artistic Works: Paintings, drawings, sculptures, architecture.
 Cinematographic Films
 Sound Recordings

Artistic Works – In Detail:

 Defined under Section 2(c) of the Copyright Act, 1957.

 Includes paintings, sculptures, drawings, engravings, and photographs.
 Also includes works of artistic craftsmanship, regardless of artistic quality.
 Protection is provided even if not registered.
 Infringement can occur if the reproduction or publication is done without permission.

Example:
Reproducing a famous artist’s painting on merchandise without consent is a copyright
infringement.

Conclusion:
Copyright provides creators with control over the use of their original works. Artistic works
enjoy broad protection and play a significant role in promoting cultural development.

Q4. Define Infringement. What are the propositions relating to Infringement? Discuss.

Answer:

Definition:
Infringement refers to the unauthorized use of copyrighted, patented, or trademarked material. It
violates the exclusive rights granted to the creator or owner.

Types of Infringement:
  Direct Infringement: Actual unauthorized use.
 Indirect/Innocent Infringement: Even without knowledge, it is still liable.

Propositions Related to Infringement:

1. Substantial Similarity: If the infringing work is substantially similar to the original.

2. Access: If the infringer had access to the original work.
3. No Need for Commercial Gain: Even non-commercial infringement is actionable.
4. Exceptions: Fair use, private use, academic use, etc.
5. Burden of Proof: Lies on the plaintiff to prove infringement.

Consequences of Infringement:

 Civil Remedies: Injunction, damages, account of profits.

 Criminal Remedies: Imprisonment and/or fine.
 Administrative Actions: Seizure and destruction of infringing goods.

Case Law:
R.G. Anand v. Delux Films (1978) – Supreme Court held that ideas are not protected, only the
expression is.

Conclusion:
Understanding infringement and its legal implications is crucial in safeguarding intellectual
property rights and preventing misuse.

Section III

Q5. Write an explanatory note on the procedure to obtain a Patent.

Answer:

Introduction:
A patent grants an inventor exclusive rights over their invention. The process of obtaining a
patent is crucial to ensure novelty and industrial applicability.

Procedure to Obtain a Patent in India:

1. Patent Search (Optional): Conduct a search to check if the invention is novel.

2. Drafting the Application:
o Provisional Application: Filed when the invention is still under development.
o Complete Specification: Must be filed within 12 months.
3. Filing the Patent Application: With appropriate forms and fees.
4. Publication: The application is published after 18 months.
5. Request for Examination (RFE): Must be filed within 48 months of filing.
 6. Examination and Report: Patent examiner issues a First Examination Report (FER).
7. Response to FER: Applicant responds to objections.
8. Grant of Patent: If all conditions are met, the patent is granted and notified in the
journal.

Duration and Renewal:

Patent is valid for 20 years from the filing date. It must be renewed annually.

Conclusion:
Patent registration involves a systematic process that ensures only original, useful, and non-
obvious inventions are protected under law.

Q6. Discuss in detail the revocation and surrender of a patent.

Answer:

Revocation of Patent:

Revocation means cancellation of a granted patent. It can be initiated under various

circumstances.

Grounds for Revocation (Section 64 of the Patents Act):

 Lack of novelty or inventive step.

 Invention not useful.
 Invention not patentable.
 Failure to disclose best mode.
 Patentee wrongfully obtained the invention.
 Non-compliance with secrecy directions.
 Invention is against public order or morality.

Authorities for Revocation:

 High Court
 Controller of Patents
 IPAB (before its abolition)

Surrender of Patent (Section 63):

 Voluntary act by the patentee.

 Application to surrender is published.
 Interested parties can oppose.
 Controller may accept or reject the surrender.
Importance of Surrender/Revocation:

 Prevents misuse or monopolization.

 Maintains public interest.
 Cleans the patent register.

Conclusion:
Revocation and surrender mechanisms ensure that only genuine and useful inventions remain
protected, maintaining the integrity of the patent system.

Section IV

Q7. What is Trade Mark? Discuss in detail the functions of trade mark.

Answer:

Definition:

A trademark is a recognizable sign, design, or expression which distinguishes goods or services

of one source from those of others. It can be a word, phrase, symbol, or combination.

Legal Definition (Section 2(zb) of the Trade Marks Act, 1999):

A trademark is a mark capable of being represented graphically and distinguishing
goods/services.

Types:

 Word Marks
 Logos/Symbols
 Slogans
 Shape of goods
 Sound Marks
 Color combinations

Functions of Trade Mark:

1. Identification Function: Helps consumers identify the source or origin.

2. Quality Assurance Function: Symbolizes quality and builds trust.
3. Advertising Function: Acts as a marketing tool.
4. Legal Protection: Enables action against counterfeit and infringement.
5. Creation of Brand Value: Leads to goodwill and brand recognition.

Examples:
Nike “Swoosh,” Apple logo, McDonald's “Golden Arches.”
Conclusion:
Trademarks are essential in commerce for establishing identity, ensuring product quality, and
protecting consumer interests.

Q8. Write an explanatory note on Passing Off.

Answer:

Definition:
Passing off is a common law tort used to enforce unregistered trademark rights. It occurs when
one party misrepresents their goods or services as those of another.

Elements of Passing Off:

1. Goodwill: Plaintiff must show reputation in the market.

2. Misrepresentation: Defendant has misrepresented goods/services.
3. Damage: Likely damage to the plaintiff's reputation or sales.

Types:

 Classic Passing Off: Direct misrepresentation.

 Extended Passing Off: False claim of quality.
 Reverse Passing Off: Selling someone else’s goods as your own.

Legal Remedy:
Injunction, damages, account of profits.

Case Law:
Cadbury India Ltd. v. Neeraj Food Products – Held that similar packaging created confusion
and amounted to passing off.

Difference with Trademark Infringement:

 Trademark infringement applies to registered marks.

 Passing off applies to unregistered marks based on reputation and goodwill.

Conclusion:
Passing off protects the business reputation of traders and ensures that customers are not misled
by deceptive practices.

Q1. Explain in detail the nature and scope of Intellectual Property Rights.

Answer:
Intellectual Property Rights (IPR) are legal rights given to inventors and creators to protect their
creations or inventions for a certain period of time. These rights encourage innovation by
granting exclusive rights to use, produce, and sell the invention or work.

Types of Intellectual Property:

1. Patents: For inventions.

2. Trademarks: For brand names, logos, and slogans.
3. Copyright: For creative works like books, music, and films.
4. Industrial Designs: For ornamental or aesthetic aspects of products.
5. Geographical Indications: For products linked to specific regions.
6. Trade Secrets: For confidential business information.
7. Plant Variety Protection: For new plant varieties.

Intellectual Property Rights (IPRs) are legal rights granted to inventors and creators to protect
their creations or inventions for a certain period. The nature and scope are as follows:

Nature of IPR:

 Intangible Assets: Unlike physical property, IPR protects intangible creations of the
mind.
 Exclusive Rights: Creators have exclusive rights to exploit their IP commercially.
 Territorial in Nature: IPRs are granted by national governments and are applicable
within that territory unless protected internationally.
 Time-bound: Protection is granted for a limited time (e.g., 20 years for patents).

Scope of IPR:

1. Patent: Protects inventions. It gives the patentee exclusive rights for 20 years.
2. Copyright: Protects literary and artistic works like books, music, films, etc.
3. Trademark: Protects symbols, logos, or words that distinguish goods or services.
4. Designs: Protect the visual design of objects that are not purely utilitarian.
5. Geographical Indications (GI): Identifies goods originating from a specific place,
giving them unique characteristics (e.g., Darjeeling Tea).
6. Trade Secrets: Protects confidential business information

Importance:

 Encourages innovation and creativity.

 Promotes economic growth and competitiveness.
 Protects consumers by ensuring product authenticity.

Question: Explain in detail the salient features of the Indian Patents Act, 1970 and
its recent amendments.
The Indian Patents Act, 1970 provides a legal framework for the protection of inventions. Its key
features include:

1. Patentable Inventions: Must be novel, involve an inventive step, and be industrially

applicable.
2. Non-Patentable Inventions: Includes discoveries, abstract theories, methods of
treatment, etc.
3. Patent Term: 20 years from the date of filing.
4. Rights of Patentee: Right to make, use, sell, and license the invention.
5. Compulsory Licensing: Granted if the invention is not available to the public at
affordable rates.
6. Publication and Examination: Applications are published after 18 months; examination
is on request.
7. Opposition: Pre- and post-grant opposition mechanisms are available.
8. Amendments:
o 1999: Introduced Exclusive Marketing Rights (EMR).
o 2002: Harmonized law with TRIPS.
o 2005: Allowed product patents for pharma and chemicals.
o Recent years: Promoted online filing and fast-track exams for startups and women
inventors.

Q3. Explain the Copyright Law in India and rights of copyright owner.

Answer:
Copyright law in India is governed by the Copyright Act, 1957. It grants protection to creators of
original literary, musical, dramatic, and artistic works.

Types of Works Protected:

 Literary works (books, software)

 Musical and dramatic works
 Artistic works (paintings, drawings)
 Cinematographic films and sound recordings

Rights of the Copyright Owner:

1. Economic Rights:
o Reproduction
o Distribution
o Public performance
o Translation and adaptation
2. Moral Rights:
o Right to claim authorship
o Right to protect integrity of the work
Term of Copyright:

 Author’s life + 60 years for literary, dramatic, musical, and artistic works.
 60 years from publication for others.

Infringement and Remedies:

 Civil and criminal remedies.

 Fair use exceptions apply to education, research, and criticism.

Q4. Explain the procedure and grounds for registration and refusal of
trademarks under the Trade Marks Act, 1999.

Answer:
A trademark is a distinctive sign used to identify goods or services. The registration process
involves:

Procedure:

1. Search & Application: Application filed with the Trademark Registry.

2. Examination: Registrar examines the application for conflicts and legal compliance.
3. Reply to Objections: If objected, reply within a specified time.
4. Advertisement: Accepted applications are published in the journal.
5. Opposition: Any party can oppose within 4 months.
6. Hearing: Registrar hears both parties and decides.
7. Registration & Certificate: Granted if no opposition or after successful hearing.

Grounds for Refusal:

 Absolute Grounds:
o Not distinctive.
o Descriptive or generic.
o Deceptive or offensive.
 Relative Grounds:
o Similar to existing marks.
o Likely to confuse consumers.

Describe the concept of copy right. Explain the importance and need of copy right in
modern era.

Concept of Copyright

Copyright is a type of intellectual property right that grants the creator of original literary,
artistic, musical, and dramatic works the exclusive legal right to use and reproduce their work for
a specified period of time. In India, copyright protection is governed by the Copyright Act,
1957, which has been amended periodically to stay relevant in the digital age.

Types of Works Protected by Copyright

1. Literary works – books, poems, articles, computer programs

2. Dramatic works – plays, screenplays
3. Musical works – compositions and lyrics
4. Artistic works – paintings, drawings, photographs
5. Cinematograph films – movies, documentaries
6. Sound recordings – audio CDs, digital recordings
7. Architectural works

Rights Granted Under Copyright

 Right to reproduce the work

 Right to distribute copies
 Right to perform the work publicly
 Right to create derivative works
 Right to broadcast the work

These rights help creators maintain control over how their work is used and to derive income
from its use.

Importance and Need of Copyright in the Modern Era

1. Protection of Creativity: Encourages authors, musicians, and creators to produce

original content by protecting their rights.
2. Prevents Unauthorized Use: Ensures that others cannot use, reproduce, or distribute the
work without permission.
3. Incentive for Innovation: Assures creators that their efforts will be financially and
morally rewarded.
4. Boosts Economy: The creative industries such as media, publishing, and software rely
heavily on copyright.
5. Digital Environment: With increasing digital content, copyright plays a crucial role in
managing online use and piracy.
6. Global Recognition: International treaties like the Berne Convention, TRIPS, and WIPO
Copyright Treaty enhance global copyright enforcement.

Duration of Copyright

 For literary, musical, and artistic works: Lifetime of the author + 60 years
 For cinematographic films and sound recordings: 60 years from publication

Registration Process (Optional)

Although copyright arises automatically upon creation, registration provides legal evidence in
court. It involves:

1. Filing an application with the Copyright Office

2. Examination and objections (if any)
3. Registration and issuance of certificate

Conclusion

Copyright is vital in today’s creative economy. It empowers creators by granting them exclusive
rights and encourages continuous production of knowledge, art, and culture. With the rise of
digital platforms and global content sharing, robust copyright laws are essential to prevent
infringement and ensure fair use.

Question 5 (Section III):

Describe the procedure for registration of design under the Designs Act. What are the
essential requirements for registration of design?

Concept of Design

A design refers to the features of shape, configuration, pattern, ornamentation, or

composition of lines or colors applied to any article in two or three dimensions. In India, the
Designs Act, 2000 governs the registration and protection of industrial designs.

Objectives of Design Protection

 Encourage creativity in the industrial and manufacturing sectors

 Prevent piracy and unfair copying of original designs
 Improve marketability of products

Essential Requirements for Registration

1. Novelty and originality: The design must be new and not previously published
anywhere in the world.
2. Not contrary to public order or morality
3. Capable of industrial application
4. Not a mere mechanical device
5. Not a trademark or artistic work under the Copyright Act

Procedure for Registration of Design

1. Application Filing
o Filed with the Controller of Designs at the Design Office (Kolkata)
 o Includes details such as name of applicant, description, and classification under
Locarno Classification
2. Examination
o Formal examination to check if the application meets legal requirements
o Examiner may raise objections, which must be replied to within the stipulated
time
3. Publication in Gazette
o Once accepted, the design is registered and published in the official Gazette
4. Registration Certificate
o Issued to the applicant after successful registration
5. Duration
o Valid for 10 years, extendable by 5 more years (total 15 years)
6. Renewal and Restoration
o Application for extension must be made before expiry; restoration is possible
within 1 year from lapse

Benefits of Registration

 Exclusive rights to apply the design

 Legal protection against imitation and piracy
 Commercial benefits such as licensing
 Enhancement of brand value

Conclusion

Design registration plays a crucial role in promoting industrial innovation and creative product
development. By protecting the visual appeal of products, it supports businesses in maintaining
uniqueness and competitive advantage in the market.

Question 6 (Section III):

What are the objectives of the Biological Diversity Act, 2002? Explain the various
authorities constituted under the Act.

Objectives of the Biological Diversity Act, 2002

1. Conservation of biological diversity

2. Sustainable use of biological resources
3. Fair and equitable sharing of benefits arising from the use of biological resources and
associated knowledge
4. Regulation of access to biological resources and associated traditional knowledge
5. Protection of traditional knowledge associated with biological diversity

Authorities Constituted Under the Act

 1. National Biodiversity Authority (NBA)
o Headquartered in Chennai
o Grants approval for access to biological resources for research, commercial
utilization, bio-survey, and bio-utilization
o Advises Central Government on conservation and use of biodiversity
2. State Biodiversity Boards (SBBs)
o Established by each state government
o Deals with matters related to access for commercial purposes by Indian entities
o Advises state governments on conservation, sustainable use, and equitable sharing
3. Biodiversity Management Committees (BMCs)
o Established at the local body level (Panchayats, Municipalities)
o Prepares People’s Biodiversity Registers (PBRs)
o Helps in documentation and conservation of traditional knowledge

Key Provisions

 Regulation of foreign access to biological resources

 Prior approval from NBA required for IPR applications based on Indian biological
resources
 Benefit-sharing mechanisms defined

Conclusion

The Biological Diversity Act, 2002 ensures the conservation of India’s rich biological heritage
and equitable sharing of benefits. By establishing multiple tiers of authority, it integrates local,
state, and national levels in biodiversity governance.

Question 7 (Section IV):

Explain the role of WIPO in the protection of Intellectual Property Rights.

What is WIPO?

The World Intellectual Property Organization (WIPO) is a specialized agency of the United
Nations established in 1967 to promote the protection of intellectual property (IP) globally.

Key Roles of WIPO

1. Administering International IP Treaties

o Administers 26 international treaties including:
 Paris Convention (Industrial Property)
 Berne Convention (Copyright)
 Patent Cooperation Treaty (PCT)
 Madrid System (Trademarks)
 2. Harmonization of IP Laws
o Assists member countries in drafting and revising IP laws
o Promotes uniformity across nations
3. IP Dispute Resolution
o WIPO Arbitration and Mediation Center offers alternative dispute resolution
mechanisms
4. Capacity Building and Technical Assistance
o Provides training programs, workshops, and resources for developing countries
5. Global IP Databases
o Offers free access to global databases like PATENTSCOPE, WIPO Lex, and
Global Brand Database
6. Publications and Research
o Publishes the annual World In

Explain the meaning and objectives of Geographical Indication (GI). Explain the
procedure for registration of GI under the Geographical Indications of Goods
(Registration and Protection) Act, 1999.

Meaning of Geographical Indication (GI)

A Geographical Indication (GI) is a sign used on products that have a specific geographical
origin and possess qualities, reputation, or characteristics inherent to that location. It represents
the uniqueness of goods due to their place of production and traditional know-how.

Examples: Darjeeling Tea, Basmati Rice, Kanchipuram Silk, Kolhapuri Chappal

Objectives of GI Protection

1. Promote regional products and traditional skills

2. Prevent misuse or imitation of registered GI goods
3. Boost exports and rural economic development
4. Provide legal protection to genuine producers

Legal Framework

GIs in India are governed by the Geographical Indications of Goods (Registration and
Protection) Act, 1999 and the GI Rules, 2002.

Procedure for Registration of GI

1. Application Filing
o Filed with the GI Registry, Chennai
o Includes detailed description, geographical map, proof of origin, method of
production, and list of producers
2. Preliminary Scrutiny and Examination
o Registrar examines the application and may seek clarifications or modifications
 3. Publication in GI Journal
o If accepted, the application is published in the GI Journal for public objection (3
months, extendable by 1 month)
4. Opposition
o Anyone can oppose the application within the prescribed period; the applicant
must respond
5. Registration
o If no opposition or opposition resolved in favor of the applicant, the GI is
registered
6. Issuance of Certificate
o The GI certificate is issued to the applicant and the registered proprietor
7. Duration and Renewal
o GI is valid for 10 years, renewable indefinitely every 10 years

Benefits of GI Registration

 Legal protection and enforcement against infringement

 Enhances brand value and consumer trust
 Encourages sustainable rural development
 Supports marketing and export initiatives

Conclusion

GIs help preserve the cultural heritage and identity of a region by recognizing and protecting
unique products. Registration not only deters misuse but also uplifts communities through
economic empowerment and global visibility.

Explain in detail the concept of patent. How is a patent obtained? Describe the procedure
of patent filing in India.

Concept of Patent

A patent is an exclusive legal right granted by the government to an inventor or assignee for a
new invention. It provides the patent holder the right to prevent others from making, using,
selling, or distributing the invention without permission for a certain period. Patents promote
innovation by rewarding inventors with a temporary monopoly on the use of their invention.

To be patentable, an invention must be:

1. Novel – It should be new and not disclosed previously anywhere in the world.
2. Inventive step – It must involve a technical advancement or have economic significance.
3. Capable of industrial application – It must be usable in some kind of industry.
4. Not falling under non-patentable subject matter – as defined under Section 3 and 4 of
the Indian Patents Act.

How a Patent is Obtained

A patent is obtained through a legal process that includes filing an application with the Patent
Office, examination of the invention, addressing objections (if any), and granting of the patent.

Procedure of Patent Filing in India

The process of patent filing in India involves the following steps:

1. Patent Search
o A preliminary search is conducted to check if a similar invention already exists.
o This step helps in determining the novelty of the invention.
2. Drafting of Patent Application
o A patent specification is prepared, which includes:
 Title of the invention
 Background and field of invention
 Detailed description with drawings (if any)
 Claims defining the scope of protection
3. Filing of Patent Application
o The application is filed with the Indian Patent Office in the prescribed format.
o Types of filing:
 Provisional application (if invention is not fully developed)
 Complete specification (must be filed within 12 months of provisional)
4. Publication
o Application is published in the Patent Journal after 18 months from the filing date.
o Early publication can be requested.
5. Request for Examination (RFE)
o Must be filed within 48 months from the filing date.
o The Controller assigns the application to an examiner.
6. Examination and Objections
o The examiner checks novelty, inventive step, and industrial applicability.
o First Examination Report (FER) is issued.
o The applicant must respond to objections.
7. Hearing (if required)
o If objections are not resolved in writing, a hearing is scheduled.
8. Grant of Patent
o If the application meets all legal requirements, the patent is granted and published
in the official journal.
9. Post-Grant Compliance
o Renewal fees must be paid every year.
o The patent is valid for 20 years from the filing date.

Conclusion

Patent protection encourages technological advancement by providing inventors with exclusive

rights. The well-defined filing process ensures only deserving inventions get patented, balancing
public interest and private rewards.
Describe the concept of trade mark. State its advantages. Explain the procedure of
registration of trade mark in India.

Concept of Trade Mark

A trade mark is a symbol, word, phrase, logo, design, or combination that identifies and
distinguishes the source of goods or services of one party from others. It helps consumers
recognize products or services as coming from a particular source and assures consistent quality.

Advantages of Trade Mark

1. Exclusive Rights – Owner gets exclusive use of the mark.

2. Brand Recognition – Enhances brand visibility and loyalty.
3. Legal Protection – Protection against infringement.
4. Asset Creation – Can be sold, licensed, or assigned.
5. Global Expansion – Helps in international brand building.

Procedure for Registration of Trade Mark in India

1. Search and Selection

o Conduct a trademark search to ensure it is not similar to existing marks.
2. Filing of Application
o File Form TM-A with the Trade Marks Registry.
o Must include details like class of goods/services, logo, and applicant information.
3. Examination
o Registrar examines the application.
o Issues examination report if objections are raised.
4. Reply and Hearing
o Applicant must respond to objections.
o Hearing may be held if objections are not satisfactorily addressed.
5. Publication
o If accepted, the mark is published in the Trade Marks Journal.
o Open to public opposition for 4 months.
6. Opposition (if any)
o Opponent files opposition.
o Registrar decides after hearing both parties.
7. Registration
o If no opposition or resolved in favor of applicant, certificate of registration is
issued.
o Valid for 10 years and renewable.

Conclusion
A registered trade mark strengthens brand identity and provides a competitive edge in the
market. The structured registration process ensures authenticity and protection.