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Under Section 2(1)(zb) of the Trade Marks Act, 1999, which of the following statements hold true for a trade mark? 1. It is capable of being represented graphically. 2. It is capable of…

Question and options

Under Section 2(1)(zb) of the Trade Marks Act, 1999, which of the following statements hold true for a trade mark?
1. It is capable of being represented graphically.
2. It is capable of distinguishing the goods or services of one person from those of others.
3. It may include the shape of goods, their packaging, and combination of colours.
  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3

Answer and explanation

Correct answer: D - 1, 2 and 3
Under Section 2(1)(zb) of the Trade Marks Act, 1999, a trade mark means a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others, and may include the shape of goods, their packaging, and combination of colours. Thus, 1, 2 and 3 are all correct.

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