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Which of the following provisions of the Trade Marks Act, 1999 shall apply to certification Trade…

The certification-mark provision expressly excludes the nondistinctiveness and customary-use clauses from the listed set. It does not exclude the listed…

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Which of the following provisions of the Trade Marks Act, 1999 shall apply to certification Trade Marks: a) Section 9(1)(a) of the Trade Marks Act, 1999 b) Section 9(1)(b) of the Trade Marks Act, 1999 c) Section 9(1)(c) of the Trade Marks Act, 1999 d) Section 9(2)(a) of the Trade Marks Act, 1999 Select the complete set of listed provisions that apply to certification trade marks:

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Answer and explanation

Correct answer C

The certification-mark provision expressly excludes the nondistinctiveness and customary-use clauses from the listed set. It does not exclude the listed descriptive-character or deception provisions, so those two provisions form the complete applicable set.

Why not "A and C only"? This combination selects precisely the two listed clauses that the certification-mark provision expressly makes inapplicable. It therefore reverses the statutory exclusion and also omits the descriptive-character and deception provisions, which remain applicable among the choices presented in the question's fixed list.

Why not "A and D only"? The deception provision remains applicable, but the nondistinctiveness clause paired with it is expressly excluded for certification marks. This combination also omits the listed descriptive-character provision, so it contains an inapplicable clause and fails to include the complete set of applicable clauses.

Why not "All four listed provisions: a), b), c) and d)."? Applying every listed provision disregards the express statutory exclusion of the nondistinctiveness and customary-use clauses for certification marks. Only the listed descriptive-character and deception provisions remain applicable, so adding the excluded clauses makes this aggregate alternative legally broader than the Act allows.

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