Chapter 9 Self-test questions

Passing-off and trade marks

Quiz Content

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. Which of these statements is true about the general nature of passing off?

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. The goodwill that the law of passing-off protects:

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. The misrepresentation in passing-off:

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. The misrepresentation must:

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. For a misrepresentation that is effective to be actionable it must cause loss to the claimant. Which of the following is not a recognised form of loss?

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. Which of the following statements is true?

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. Which of the following signs are not "capable of graphical representation"?

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. The objections under Art. 3.1(c) of the Directive:

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. Which of the following shape marks may be refused registration as a result of s. 3(2) TMA?:

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. Which of the following statements are true about the confusion test for the blocking power of an earlier trade mark where either the goods or marks are not identical?

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. Which of the following statements is not true regarding blocking of an application for a trade mark under the "unfair advantage" limb of s. 5(3) TMA?

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. For the purposes of s. 5(3) TMA, use of a mark is detrimental to the distinctive character of an earlier mark if:

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. To infringe a trade mark under ss. 10(1)--10(3) TMA, the defendant must use their sign in relation to goods or services. This means:

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. The defence in s. 11(2) TMA covers uses of someone else's trade mark where the use is in accordance with honest practices in industrial or commercial matters and:

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. Which of the following will not infringe a trade mark where genuine products originally marketed the European Economic Area are re-sold?:

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