Below are ten questions to be answered. Further research may be required in orde

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Below are ten questions to be answered. Further research may be required in order to ensure you get the correct answer.
Question 1) Leicester City Football Club has registered a number of different trade marks. Of the following, which one is not currently registered as a trade mark?
A) LCFC
B) BLUE ARMY
C) FOXY LADIES
D) FOX & CROP
Question 2) Of the following signs, which are likely to be refused registration as UK trade marks under section 3(2) of the Trade Marks Act 1994? More than one answer is possible.
A) The ‘clucking’ sound of a hen, for ringtones for mobile phones, in Class 9 of the Register
B) The unusual shape of a table lamp, which has been designed to appeal to the eye, for lamp shades, in Class 11 of the Register
C) The shape of a child’s building block which enables the block to be connected to other blocks, for toys, in Class 28 of the Register
D) The suction sound that a vacuum cleaner makes, for vacuum cleaners, in Class 7 of the Register
Question 3) The brand name HOVIS has been registered as a UK trade mark for bread since 1895. In light of this, match the following (fictitious) trade mark applications to the most probable relative ground for refusal.
1) A supermarket seeks to register the name ‘Hovice’ as a trade mark for its own brand of bagels
2) A manufacturer seeks to register the name ‘Hovis’ as a trade mark for an electric bread making machine
3) A manufacturer seeks to register the name ‘Hovis’ as a trade mark for bagels
4) A supermarket seeks to register the name ‘Hovis’ as a trade mark for its own brand of bread
A) Section 5(2)(a) TMA 1994
B) Section 5(2)(b) TMA 1994
C) Section 5(3) TMA 1994
D) Section 5(1) TMA 1994
Question 4) Of the following, which is not one of the ‘Sieckmann Criteria’?
A) Easily accessible
B) Self-contained
C) Subjective
D) Intelligible
Question 5) What was the final outcome in the case of Société des Produits Nestlé SA v Cadbury UK Ltd and why?
A) Nestlé was not allowed to register the shape of its Kit Kat chocolate bar because Cadburys used a similar shape for its own chocolate bars.
B) Nestlé was not allowed to register the shape of its Kit Kat chocolate bar because the shape is necessary to obtain the technical result of breaking the Kit Kat fingers apart.
C) Nestlé was not allowed to register the shape of its Kit Kat chocolate bar because a significant proportion of the relevant class of persons would not rely upon the mark as indicating the origin of the goods in question.
D) Nestlé was allowed to register the shape of its Kit Kat chocolate bar because a significant proportion of the relevant class of persons would recognise the mark and associate it with the goods in question.
Question 6) Debra would like to register a trade mark with the UK Intellectual Property Office. In order to save time, Debra would like to make her application online and without using any online services to check that her application meets the rules for registration. How much will it cost Debra to register her trade mark in Classes 5 and 11 of the Register?
A) £200
B) £220
C) £170
D) £250
Question 7) Which of the following statements in relation to the decision of the CJEU in Procter & Gamble v OHIM (Case C-383/99) [2001] ECR I-6251 is correct?
A) ‘BABY-DRY’ for nappies was not registrable because it is made up of two descriptive words
B) ‘BABY-DRY’ for nappies was registrable because Procter and Gamble adduced evidence which showed that the sign had acquired distinctiveness as a result of the use made of it
C) ‘BABY-DRY’ for nappies was not registrable because each of the two words in combination may form part of expressions used in everyday speech to designate the function of babies’ nappies
D) ‘BABY-DRY’ for nappies was registrable because their syntactically unusual juxtaposition is not a familiar expression in the English language
Question 8) Fill in the blank..
“The essential function of a trade mark is to _________________________________________ of the marked product to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the product or service from others that have another origin.”
[Canon Kabushiki Kaisha v Metro Goldwyn Mayer (C39/97) [1998] ECR I 5507]
Question 9)
In which class of the Nice Classification would you register, as a trade mark, a name for a new brand of body paint for cosmetic purposes?
A) Class 6
B) Class 3
C) Class 2
D) Class 16
Question 10)
Under which section or sections of the Trade Marks Act 1994 is the following image likely to be refused registration as a UK trade mark for dairy products? More than one answer is possible. (Picture required is attached)
A) Section 3(2)(b)
B) Section 3(1)(b)
C) Section 3(3)(b)
D) Section 3(1)(c)

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