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Consider the following statements about the definition of 'trade mark' in section 2(1)(zb) of the Trade…

The opening words of section 2(1)(zb) require graphical representation and capacity to distinguish, and sub-clause (i) gives the Chapter XII meaning described in Statement…

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Consider the following statements about the definition of 'trade mark' in section 2(1)(zb) of the Trade Marks Act, 1999:
Statement 1: A trade mark must be capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others.
Statement 2: In relation to Chapter XII (other than section 107), 'trade mark' means a registered trade mark or a mark used to indicate a connection in the course of trade with a person having the right as proprietor to use it.
Statement 3: In relation to the other provisions of the Act, 'trade mark' does not include a certification trade mark or a collective mark.
Which of the statements are correct?

Select one answer
Answer and explanation

Correct answer A

The opening words of section 2(1)(zb) require graphical representation and capacity to distinguish, and sub-clause (i) gives the Chapter XII meaning described in Statement 2. Sub-clause (ii), for the other provisions, expressly "includes a certification trade mark or collective mark", so Statement 3 is wrong. Hence "Only Statements 1 and 2 are correct".

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