UPSC Prelims Practice Questions — Merchandise marks bill

Q1. The introduction of a penal remedy against false trade marks and trade descriptions in colonial India — borrowing its definition of 'trade mark' from the Indian Penal Code — was first made under which one of the following?

  • A. Trade Marks Act, 1940
  • B. Indian Merchandise Marks Act, 1889
  • C. Trade and Merchandise Marks Act, 1958
  • D. UK Merchandise Marks Act, 1926

Q2. Unlike the purely penal Indian Merchandise Marks Act of 1889, India's present registration-based trademark regime is operationalised by the Office of the Controller General of Patents, Designs and Trade Marks, which functions under which Union Ministry?

  • A. Ministry of Law and Justice
  • B. Ministry of Consumer Affairs, Food and Public Distribution
  • C. Ministry of Corporate Affairs
  • D. Ministry of Commerce and Industry

Q3. With reference to the Indian Merchandise Marks Act, 1889, consider the following statements: 1. It was enacted as Act No. IV of 1889 and came into force on 1 April 1889. 2. It provided for registration of trade marks and conferred exclusive proprietary rights on owners. 3. It extended to the whole of British India. 4. It borrowed the definition of 'trade mark' from the Indian Penal Code, 1860. Which of the above are correctly identified?

  1. It was enacted as Act No. IV of 1889 and came into force on 1 April 1889.
  2. It provided for registration of trade marks and conferred exclusive proprietary rights on owners.
  3. It extended to the whole of British India.
  4. It borrowed the definition of 'trade mark' from the Indian Penal Code, 1860.
  • A. 1, 3 and 4
  • B. 1, 2 and 3
  • C. 2 and 4 only
  • D. 1 and 2 only

Q4. Under the Indian Merchandise Marks Act, 1889, the term 'trade description' meant which one of the following?

  • A. A mark registered with a public authority conferring monopoly rights over a brand name
  • B. An indication of the quantity, measure, weight, place of manufacture or material of goods
  • C. A certificate of quality issued by the Board of Trade for exported produce
  • D. The registered logo or device distinguishing one trader's goods from another's

Q5. Which one of the following was the first Indian statute to consolidate the trademark provisions previously scattered across the Indian Penal Code, the Criminal Procedure Code and the Sea Customs Act?

  • A. Indian Merchandise Marks Act, 1889
  • B. Trade Marks Act, 1940
  • C. Trade and Merchandise Marks Act, 1958
  • D. Trade Marks Act, 1999

Q6. The Trade and Merchandise Marks Act, 1958 was repealed and replaced entirely by which legislation, enacted to bring Indian law into conformity with the TRIPS Agreement?

  • A. Trade Marks Act, 1940
  • B. Trade Marks Act, 1999
  • C. Patents Act, 1970
  • D. Geographical Indications of Goods Act, 1999

Q7. With reference to the UK Merchandise Marks (Imported Goods) Bill of 1926 and its predecessor legislation, consider the following statements: 1. Unlike the 1887 Act, which chiefly mandated origin marking on imported goods, the 1926 Bill additionally enabled 'Marking Orders' extending to home and Empire produce. 2. The Bill's second reading was passed in the House of Commons by 221 votes to 65. 3. The Bill was moved by Sidney Webb, who championed compulsory origin marking. Which of the statements given above are correct?

  1. Unlike the 1887 Act, which chiefly mandated origin marking on imported goods, the 1926 Bill additionally enabled 'Marking Orders' extending to home and Empire produce.
  2. The Bill's second reading was passed in the House of Commons by 221 votes to 65.
  3. The Bill was moved by Sidney Webb, who championed compulsory origin marking.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1 and 3 only
  • D. 1, 2 and 3

Q8. The 1926 Merchandise Marks (Imported Goods) Bill was piloted through the House of Commons by the President of the Board of Trade, who was:

  • A. Sidney Webb
  • B. Sir Philip Cunliffe-Lister
  • C. Stanley Baldwin
  • D. Neville Chamberlain

Q9. The Empire Marketing Board, set up to promote Empire trade through publicity, functioned for approximately how many years before it was wound up?

  • A. 3 years
  • B. 7 years
  • C. 11 years
  • D. 15 years

Q10. With reference to the Empire Marketing Board and the Imperial Economic Committee, consider the following statements: 1. The Empire Marketing Board operated from 1926 to 1933. 2. The Imperial Economic Committee included representatives of the Dominions, India and the Crown Colonies. 3. The Board relied primarily on tariff duties to promote Empire goods. 4. The Committee recommended compulsory marking so that consumers could distinguish Empire produce from foreign produce. Which of the above are correctly identified?

  1. The Empire Marketing Board operated from 1926 to 1933.
  2. The Imperial Economic Committee included representatives of the Dominions, India and the Crown Colonies.
  3. The Board relied primarily on tariff duties to promote Empire goods.
  4. The Committee recommended compulsory marking so that consumers could distinguish Empire produce from foreign produce.
  • A. 1, 2 and 4
  • B. 1, 3 and 4
  • C. 2 and 3 only
  • D. 1 and 3 only

Q11. With reference to the UK Merchandise Marks Act of 1887 and country-of-origin marking, consider the following statements: 1. It required the country of origin to be marked on imported goods bearing a UK manufacturer's name or trade mark. 2. It gave rise to the label 'Made in Germany'. 3. Marking requirements could be enforced by an Order in Council. 4. It established a central register conferring exclusive trademark ownership on registrants. Which of the above is/are NOT correctly identified?

  1. It required the country of origin to be marked on imported goods bearing a UK manufacturer's name or trade mark.
  2. It gave rise to the label 'Made in Germany'.
  3. Marking requirements could be enforced by an Order in Council.
  4. It established a central register conferring exclusive trademark ownership on registrants.
  • A. 1 only
  • B. 2 and 3 only
  • C. 3 only
  • D. 4 only

Q12. With reference to the present-day Trade Marks Act, 1999, consider the following statements: 1. It is administered by the Office of the Controller General of Patents, Designs and Trade Marks. 2. Registration of a trade mark is valid for ten years and may be renewed from time to time. 3. It introduced statutory recognition of service marks and multi-class applications. 4. It was enacted to give effect to India's obligations under the Kyoto Protocol. Which of the above are correctly identified?

  1. It is administered by the Office of the Controller General of Patents, Designs and Trade Marks.
  2. Registration of a trade mark is valid for ten years and may be renewed from time to time.
  3. It introduced statutory recognition of service marks and multi-class applications.
  4. It was enacted to give effect to India's obligations under the Kyoto Protocol.
  • A. 1, 2 and 3
  • B. 1, 2 and 4
  • C. 2, 3 and 4
  • D. 1 and 4 only