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Which one of the following statements can't be considered as an example of 'unfair trade practice' ?

  • A.representing that the goods has sponsorship, approval, performance, characteristics, uses or benefits which such goods do not have
  • B.making a false and/or misleading statement or representation concerning the need for, or the usefulness of any goods
  • C.labelling the product with confusing combination of deceptively similar trademark
  • D.giving to the public any warranty or guarantee of the performance or length of life of a product or any goods that is not based on proper test

Answer: C

The one that is not an unfair trade practice is labelling the product with confusing combination of deceptively similar trademark.

The definition of unfair trade practice in the Consumer Protection Act includes falsely representing that goods have a sponsorship, approval, performance, characteristics, uses or benefits they do not have; making false or misleading representations about the need for or usefulness of goods; and giving a warranty or guarantee of performance or life of a product not based on adequate or proper test. These are options A, B and D.

Using a mark deceptively similar to another's is dealt with as infringement or passing off under the Trade Marks Act, 1999, not in that list.

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