Which of the following statements are NOT correct regarding Renewal of a Trade Mark Agent under the…
The provision named in the renewal assertion addresses acts performed through authorized agents before the Registrar. Agent registration continuance and removal instead…
Choose your answer
Which of the following statements are NOT correct regarding Renewal of a Trade Mark Agent under the Trade Marks Act, 1999? a) Renewal application must be filed before the Registrar of Trade Marks b) Failure to renew may result in removal of name from the Register c) Renewal of a Trade Mark Agent is governed under Section 145 of the Act. Select the complete set of listed statements that are NOT correct:
Answer and explanation
Correct answer C
The provision named in the renewal assertion addresses acts performed through authorized agents before the Registrar. Agent registration continuance and removal instead arise under the rules, while filing before the Registrar and possible removal for failure to continue registration are consistent with that scheme.
Why not "A and B only"? The assertions about filing before the Registrar and possible removal are consistent with the registration machinery. Describing both as incorrect reverses their legal effect. This combination also leaves out the assertion that wrongly identifies the statutory representation provision as the provision governing agent renewal.
Why not "B and C only"? Possible removal for failure to maintain registration is expressly contemplated by the rules governing the register of agents. Including that assertion among incorrect statements therefore adds a correct proposition to the set. Only the assertion locating renewal in the statutory representation provision is incorrect.
Why not "All three listed statements: a), b) and c)."? The statements about the Registrar and possible removal do not become incorrect merely because the separately identified statutory provision does not govern renewal. The rules provide for continued registration and removal for specified defaults. Treating all three statements as incorrect consequently goes beyond the complete incorrect set.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Trade Marks Agent
-
CUET PG Law (LL.M.)
Subject revision