November 9, 2024
Overview: Understand the fundamentals of Intellectual Property questions for the CLAT PG 2025 exam with our comprehensive guide. It covers key topics like copyrights, trademarks, and patents.
These moderately challenging questions are a great way to score well. The guide also includes sample questions for practice. Let's begin!
Looking for more details on the exam? Check out CLAT PG Notification 2025 page!
You also might want to check CLAT Study Plan 2025 from our Legal Edge After College experts!
The CLAT PG 2025 Exam Syllabus includes Intellectual Property Questions, and you can prepare for these questions by following the tips below:
Check: CLAT PG Analysis 2025
A list of Sample Intellectual Property Questions for CLAT PG 2025 has been gathered from previous year's question papers that can help you with your preparation for CLAT exams.
Cook's Kippers Ltd has been smoking kippers in Whitby, North Yorkshire, for over forty years and has recently applied to the UK Trade Marks Registry to register 'WHITBY KIPPERS' as its trademark. Cook's Kippers has always sold its kippers under that name and has established a national reputation for its kippers. There is substantial evidence that consumers associate the trademark with Cook's Kippers Ltd. The application has been opposed by Whitby Smoakies Ltd, a small company based in Staithes, North Yorkshire, just up the coast from Whitby, on the grounds that WHITBY KIPPERS is descriptive and is a geographical name under s 3(1)(c) of the Trade Marks Act 1994.
Which one of the following is the most likely outcome of the opposition hearing?
a) The opposition will be successful as registration of the trademark will prevent other kipper smokers and fishmongers based in Whitby from describing their kippers as 'Whitby Kippers' or even 'Kippers from Whitby.'
b) The opposition will be unsuccessful as the opponent's trading name is deceptive, and it is not established in Whitby.
c) The opposition will be successful as the trademark is clearly unregistrable on the basis of the absolute grounds of refusal in that it consists exclusively of a sign or indication that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services.
d) The opposition will be unsuccessful because Cook's Kippers Ltd should be able to show that the name has acquired a distinctive character due to its use before the date of the trademark application.
Answer: d) The opposition will be unsuccessful because Cook's Kippers Ltd should be able to show that the name has acquired a distinctive character due to its use before the date of the trademark application.
Under the Trade Marks Act 1994, which of the following is a key consideration in determining whether a trademark is registrable?
a) Whether the trademark has been registered in other countries.
b) Whether the trademark consists of a sign that may serve to designate the geographical origin of the goods.
c) Whether the trademark has been used in marketing campaigns.
d) Whether the trademark is associated with a high volume of sales.
Answer: b) Whether the trademark consists of a sign that may serve to designate the geographical origin of the goods.
If Cook's Kippers Ltd can prove that the name 'WHITBY KIPPERS' has acquired distinctiveness, which principle under trademark law is being applied?
a) The principle of unfair competition.
b) The principle of acquired distinctiveness or secondary meaning.
c) The principle of geographical indication.
d) The principle of trade dress protection.
Answer: b) The principle of acquired distinctiveness or secondary meaning.
Francis is a University lecturer who specializes in intellectual property law. Recently, he applied for and obtained the registration of the domain name 'www.renault.org'. He did not have permission from Renault’s car manufacturer to do this. Francis has not made use of the domain name but recently wrote to the Renault car company offering to sell the domain name for £150,000. The car company brought legal proceedings against Francis, and the court ordered him to transfer the domain name to the car company.
Which one of the following is correct in respect of the possible basis for the court order?
a) The court order was based on trademark infringement by Francis.
b) The court order was based on the English law of unfair competition.
c) The court order was based on the fact that Francis is in possession of an instrument of deceit.
d) The court order was based on the tort of malicious falsehood as Francis has made an unwarranted demand with menaces.
Answer: c) The court order was based on the fact that Francis is in possession of an instrument of deceit.
Which of the following actions by Francis could be classified as cybersquatting?
a) Registering a domain name similar to a famous brand without permission.
b) Using the domain name to create a website unrelated to the brand.
c) Registering multiple domain names for personal use.
d) Registering a domain name for educational purposes.
Answer: a) Registering a domain name similar to a famous brand without permission.
What legal doctrine is most likely applied when the court orders Francis to transfer the domain name to Renault?
a) Doctrine of laches.
b) Doctrine of passing off.
c) Doctrine of equitable estoppel.
d) Doctrine of trademark dilution.
Answer: b) Doctrine of passing off.
Check: CLAT PG Constitutional Law
Question 4:
The judgment in the given passage has been given by?
a) Delhi High Court
b) Chennai High Court
c) Maharashtra High Court
d) Gujarat High Court
Answer: a) Delhi High Court
Check: Best Books for CLAT PG 2025
Q1. Who is the first owner of a book's copyright?
Answer: 1) Author
Q2. Who must apply before the registrar to be a registered trademark user?
Answer: 2) The proprietor of the trademark and the other person who wants to be a registered user have to apply jointly
Q3. Can a patent be granted for which of the following?
Answer: 3) Both product and process
Q4. Which of the following is not protected by trademark laws?
Answer: 2) Book titles
Q5. What is a Hallmark?
Answer: 2) Certification Mark
Q6. What type of intellectual property protection is given to a new invention?
Answer: 3) Patent
Q7. Which of the following is not protected by copyright law?
Answer: 3) Inventions
Q8. What is the main purpose of trademark law?
Answer: 2) To protect the brand identity of products and services
Q9. How long does copyright protection last for an author's life plus an additional period in most countries?
Answer: 3) 70 years
Q10. Which international agreement primarily deals with the protection of intellectual property rights?
Answer: 3) TRIPS Agreement
Q11. What is a trade secret?
Answer: 2) Information that is kept confidential to maintain a business advantage
Q12. Which of the following is an example of a collective mark?
Answer: 2) The "CA" mark for Chartered Accountants
Check: Landmark Judgement Questions For CLAT PG 2025
Frequently Asked Questions
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