CLAT CLAT Solved Paper-2013

  • question_answer
    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle Words describing quality of things cannot be registered as trade mark. However, such words may be registered as trade mark, if they acquire a secondary meaning. Words acquire secondary meaning when people start associating the descriptive words with a person specific. Facts A hatchery located in Raipur is owned by X. X has been using the slogan 'new laid eggs sold here, since 1970 to describe the quality of eggs sold in his hatchery. Over a period of time because of continuous use of this slogan, people started associating this slogan with X. X filed an application for registration of the words 'new laid eggs' as trade mark in the year 1970.

    A)  The words will be registered as trade mark

    B)  The words will not be registered as trade mark

    C)  The words may be registered, as trade mark

    D)  The words may not be registered as trade mark

    Correct Answer: C

    Solution :

    Ans.  It is clearly mentioned in the principle that such words may be registered as trade mark, if they acquire a secondary meaning and words acquire secondary meaning when people start associating the descriptive words with a person specific. In this case, X may get the words 'new laid eggs' registered as trade mark.


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