* not completed

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

The defendant must intend to cause loss correct incorrect

The misrepresentation must be intentional correct incorrect

Passing-off cannot protect the use of descriptive terms correct incorrect

There must be a false representation correct incorrect

* not completed

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

Must relate to the trading activities of selling goods or providing services correct incorrect

Must exist at the time the claim is issued correct incorrect

Must exist at the time of the defendant's activities that are complained of correct incorrect

Ceases to exist once the claimant's activities cease correct incorrect

* not completed

. The misrepresentation in passing-off:

Must relate to the source of the defendant's products or services correct incorrect

Must be made on packaging or promotional material correct incorrect

Must be about the claimant's products correct incorrect

May be a misrepresentation as to the quality of goods correct incorrect

* not completed

. The misrepresentation must:

Mislead the majority of the public correct incorrect

Mislead a substantial proportion of the public correct incorrect

Mislead a substantial proportion of the customers for the defendant's products or services correct incorrect

Mislead a reasonably attentive customer for the defendant's products or services correct incorrect

* not completed

. 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?

Losses arising from lack of quality control over the defendant's products or services correct incorrect

Damage to the exclusivity of a brand correct incorrect

Loss of opportunities to do business correct incorrect

Upset on the part of the claimant correct incorrect

* not completed

. Which of the following statements is true?

Reverse passing off is where the defendant makes a representation about the claimant's goods correct incorrect

Extended passing off involves the collective enforcement of a right correct incorrect

Extended passing off requires products to conform to an approved specification correct incorrect

To sue in extended passing off the claimant must belong to a relevant trade association correct incorrect

* not completed

. Which of the following signs are inherently unregistrable?

A smell correct incorrect

A single colour correct incorrect

A word or graphic symbol correct incorrect

A sound correct incorrect

* not completed

. The objections under Art. 4.1(c) of the Directive:

Prevent descriptive marks being registered correct incorrect

Apply to marks which might be used to describe the goods correct incorrect

Apply to marks where the registration of the mark would prevent the goods being properly described correct incorrect

May be overcome after 5 years use correct incorrect

* not completed

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

The shape of a rugby ball for perfume correct incorrect

The shape of lemon for lemon juice correct incorrect

A sphere for ball bearings correct incorrect

A cylindrical shape for a fruit juice container correct incorrect

* not completed

. 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?

The goods must be similar and there must be confusion arising from the similarity of the marks correct incorrect

The similarities between the marks and the goods must cause a connection between the two marks in the minds of the public correct incorrect

There must be confusion as to the trade origins of the goods arising from the similarity of the goods and marks correct incorrect

When deciding if there is confusion, any reputation acquired by the goods of the previous mark's owners should be ignored correct incorrect

* not completed

. 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?

The goods the sign is used for must not be similar to those the mark is registered for correct incorrect

The sign must bring to mind the mark in the eyes of consumers correct incorrect

The mark must have a reputation amongst customers for the goods sold under the sign correct incorrect

If the sign is similar to the mark and is used without due cause, any advantage will be assumed to be unfair correct incorrect

* not completed

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

It would affect the economic behaviour of customers for the earlier mark's owner's products correct incorrect

It would cause customers to think the less of the earlier mark owner's products correct incorrect

It would interfere with the earlier mark owner's marketing of its brand correct incorrect

It would cause loss to the earlier mark owner correct incorrect

* not completed

. 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:

Any use of the mark can infringe correct incorrect

The use must be such that the public understand it to be a brand identifier for the products or services correct incorrect

The use must be such as to indicate a trade connection with the goods of the proprietor of the mark correct incorrect

The use must be contrary to one of the functions of a trade mark correct incorrect

* not completed

. 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:

The mark is less prominent than the user's own trade mark correct incorrect

The use of the mark is to describe the goods of the proprietor of the mark correct incorrect

The mark is not visible at the point of sale correct incorrect

The mark is used to describe the properties of the goods or services it is being used in relation to correct incorrect

* not completed

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

Repackaging nuts and bolts, originally sold in large packs, to make them more attractive to the DIY trade, in packages that bear the original trade mark correct incorrect

Selling coffee made from freeze-dried instant coffee in mugs bearing the trade mark of the instant coffee prominently (and no other brand identifier or description) correct incorrect

Selling toiletries via an on-line shop where the products are normally only available from a range of approved stockists whose contracts specify requirements for the manner of presentation of the products correct incorrect

Selling bicycle components that have been modified to reduce their weight in their original packaging correct incorrect