Discussion
Which one of the following is not the grounds for refusal to register the trademarks u/s 11 of the Trademarks Act, 1999 ?
Answer: D
The one that is not a ground under section 11 is the public policy, economic policy and public sentiment ground.
Section 11 sets out the relative grounds for refusal, which depend on earlier rights. Section 11(1)(a) bars a mark identical to an earlier mark for similar goods, and 11(1)(b) a similar mark for identical or similar goods, where confusion is likely (options A and B). Section 11(3) bars a mark whose use may be prevented by the law of passing off or by copyright law (option C).
Option D's grounds of prejudice to public policy, economic policy or public sentiment are not among them; the absolute grounds in section 9 deal with deception, religious susceptibilities and scandalous or obscene matter, which are different again.
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