Question

    Under the Trade Marks Act, 1999, which of the following

    is an example of a "descriptive" mark that is generally not registrable as a trademark?
    A "Apple" for computers Correct Answer Incorrect Answer
    B "Fast & Easy" for a delivery service Correct Answer Incorrect Answer
    C "Nike" for shoes Correct Answer Incorrect Answer
    D "Coca-Cola" for soft drinks Correct Answer Incorrect Answer

    Solution

    A descriptive mark describes the qualities or characteristics of the goods or services it represents. The Trade Marks Act, 1999 generally does not allow the registration of descriptive marks as they fail to distinguish goods or services and give a competitive advantage to others. • "Fast & Easy" is considered a descriptive mark because it directly describes the nature of the delivery service. • "Apple", "Nike", and "Coca-Cola" are distinctive marks and are registrable because they are not descriptive and have acquired a unique identity associated with their brands.

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