QUESTION 1
Trademarks protect:
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
