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Neeraj applies to register 'TARANG' for shirts. The Registrar finds that it is similar to Kavita's…

Section 11(4) states that nothing in section 11 shall prevent registration "where the proprietor of the earlier trade mark or other earlier right consents to the…

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Neeraj applies to register 'TARANG' for shirts. The Registrar finds that it is similar to Kavita's earlier registered mark 'TARANG' for shirts, but Kavita gives her written consent to Neeraj's registration. Under section 11(4) of the Trade Marks Act, 1999,

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Correct answer B

Section 11(4) states that nothing in section 11 shall prevent registration "where the proprietor of the earlier trade mark or other earlier right consents to the registration". In such a case the Registrar may register the mark "under special circumstances under section 12". So consent removes the relative-ground bar; no assignment is needed.

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