Harmony Musicals applies to register a mark bearing the name and portrait of the singer Kamini Rao,…
Section 14 covers a mark that falsely suggests a connection with a living person or "a person whose death took place within twenty years prior to the date of application".…
Choose your answer
Harmony Musicals applies to register a mark bearing the name and portrait of the singer Kamini Rao, falsely suggesting a connection with her. She died twelve years before the date of application. What may the Registrar do under section 14 of the Trade Marks Act, 1999?
Answer and explanation
Correct answer A
Section 14 covers a mark that falsely suggests a connection with a living person or "a person whose death took place within twenty years prior to the date of application". Kamini Rao died twelve years earlier, so the Registrar may require the consent of her legal representative and "may refuse to proceed with the application unless the applicant furnishes" it. The section turns on consent; it is not an absolute bar and needs no Central Government approval.
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