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For the purposes of section 11 of the Trade Marks Act, 1999, which of the following is NOT an 'earlier…

The Explanation to section 11 defines an earlier trade mark as a registered mark, a section 18 application, an international registration under section 36E or a convention…

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For the purposes of section 11 of the Trade Marks Act, 1999, which of the following is NOT an 'earlier trade mark'?

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Correct answer C

The Explanation to section 11 defines an earlier trade mark as a registered mark, a section 18 application, an international registration under section 36E or a convention application with an earlier date, and also a mark that "was entitled to protection as a well-known trade mark". A mark used only locally, unregistered and without well-known status, falls outside both limbs. Its owner may still rely on passing off through section 11(3)(a).

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