devices that identify the source of a product or service

QUESTION 1

Trademarks protect:

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Choose one • 9 points

New and innovative inventions

Names, symbols or other devices that identify the source of a product or service

QUESTION 2

A trademark owner has the right to:

Choose one • 9 points

Prevent others from selling competing services under a different name

Prevent others from using confusingly similar marks on related goods or services

QUESTION 3

To enjoy the strongest legal protection, a trademark should be:

Choose one • 8 points

Fanciful or Invented

Descriptive

QUESTION 4

The weakest legal protection is a descriptive mark. It can only be registered if:

Choose one • 8 points

Marketplace exposure leads consumers to associate the mark exclusively with the owner as the source of goods or services and you prevent others from using the term as a trademark

You pay a higher fee to the USPTO

QUESTION 5

Which of the following CANNOT be protected under trademark law?

Choose one • 8 points

Generic terms, marks that are confusingly similar to existing trademarks, functional features

Product packaging, color marks, sound marks

QUESTION 6

Distinctive packaging or presentation of a brand falls under the trademark category of:

Choose one • 8 points

Trade dress

Slogan

QUESTION 7

Trademark rights last:

Choose one • 9 points

Forever, beginning with the moment a person thinks up the mark

As long as the mark is used on products in commerce

QUESTION 8

A trademark search should be done before investing large amounts of money into building goodwill for a new product.

Choose one • 9 points

True, because the search will reveal whether there are pre-existing registered or unregistered trademarks that might pose a litigation risk

False, because as long as the owner has never heard of another competitor using the mark, it should be safe to use use without checking into it further

QUESTION 9

Owners of similar trademarks can agree to co-exist as long as they take steps to eliminate likelihood of confusion in the marketplace.

Choose one • 8 points

True

False, this is never allowed

QUESTION 10

A product marketed in the United States can show the ® only if the trademark has been registered with the USPTO.

Choose one • 8 points

True because the R indicates government approval.

False. Any mark owner can use the circled R to indicate a trademark.

QUESTION 11

Each state has its own trademark registration system.

Choose one • 8 points

True

False

QUESTION 12

Copying someone else’s trademark to use on similar goods or services is known as:

Choose one • 8 points

Good business practice

Infringement or counterfeiting

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