MSC TRADE MARKS EXAM PROVISIONAL ADVICE AND TOPICS: 2024
The exam has the code IPLM200 Trade Mark Registration: it consists of mainly problem
questions with is a mix of problems and essay questions
Please make yourself familiar with the exam cover and its instructions.
January Examination Period 2024
MODULE CODE: IPLM200
MODULE TITLE: TRADE MARK REGISTRATION
MODULE CONVENOR: Dr GE Evans
DATE: 9 January, 2024
TIME: 10:00am
INSTRUCTIONS:
● Please put your student number (9 digit number) ONLY at the top of the paper
● DO NOT put your name on the paper and DO NOT use the HEADER AND FOOTER
layout
● Please state the module name and date at the top of your answers
Answer FOUR questions.
If you answer more questions than specified, only the first answers (up to the specified
number) will be marked. Cross out any answers that you do not wish to be marked.
EACH ANSWER HAS EQUAL WEIGHT FOR ASSESSMENT PURPOSES.
● The examination is designed to take 2/3 hours, but we are allocating all students 4 hours
within which to complete the paper. This acknowledges the time zone issues students
may face, issues with their internet connections, as well as the requirements of any
students with Examination Access Arrangements, such as extra time.
● Overall word limit: 4500 words.
● Footnoting is not required; in-text citations to references will suffice.
● Submit your answers via QMPlus no later than …
● Indicate on the attachment the numbers of the questions you have chosen to answer.
● If you have any questions concerning the exam paper, you may contact the module
convenor (NOTE: the module convenor will be available for questions only for the first half
an hour from the release of the paper).
4 QUESTIONS OUT OF A CHOICE OF 7
The main topic areas for the exam are:
The grounds for refusal or invalidity:
o Absolute grounds for refusal, including those pertaining to shape marks.
o Relative grounds for refusal: double identity; likelihood of confusion;
anti- dilution action, including those for well-known foreign marks
unregistered in the UK.
▪ Cancellation of a trade mark (revocation for non-use (s.46 TMA); invalidation (s.
47), including ‘bad faith’).
▪ Registration systems: evaluation of EU and Madrid systems.
➢ How to study: Practise answering past questions from the tutorials until you are able
to respond keeping within the allocated time period of 24 hours; and the allocated
number of words. Note: if the quality of the answer is good, you may have an
additional 800 words for each of the four questions in the problem paper.
➢ ‘Problem Solving Technique’ on QMPlus. The ‘IRAC’ technique may be applied
more generally, to essay questions; of which there is one of the seven questions.
You should identify the major issue/s or the legal problem/s; state the law; discuss the
leading case/s from the CJEU and where applicable, how the law has been applied in
the UK courts.
* Note : The above is a list of ‘major’ topics. It offers no guarantees as to the precise content of the
exam – only general guidance for revision of topics.
