Intellectual Property The Law of Trademarks Copyrights Patents and Trade Secrets 5th Edition Bouchoux Test Bank
Intellectual Property The Law of Trademarks Copyrights Patents and Trade Secrets 5th Edition Bouchoux Test Bank
Intellectual Property The Law of Trademarks Copyrights Patents and Trade Secrets 5th Edition Bouchoux Test Bank
eu/Intellectual-Property-The-Law-of-Trademarks-Copyrights-Patents-and-Trade-Secrets-5th-Edition-Bouchoux-Test
Name: Class: Date:
2. Certification marks are used by their owners to indicate that goods are of a certain quality or from a certain region.
a. True
b. False
ANSWER: False
POINTS: 1
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:14 AM
DATE MODIFIED: 9/21/2016 6:15 AM
ANSWER: False
POINTS: 1
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:17 AM
DATE MODIFIED: 9/21/2016 6:17 AM
6. A generic term such as “BUTTER” (used in connection with butter) can never be registered as a trademark.
a. True
b. False
ANSWER: True
POINTS: 1
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:17 AM
DATE MODIFIED: 9/21/2016 6:18 AM
7. Once a corporation is given permission by a secretary of state to use that corporate name, it will be able to obtain a
trademark registration for that name.
a. True
b. False
ANSWER: False
POINTS: 1
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:18 AM
DATE MODIFIED: 9/21/2016 6:20 AM
8. The French term “pain” (meaning “bread”) would be registrable for bread.
a. True
b. False
ANSWER: False
POINTS: 1
QUESTION TYPE: True / False
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:21 AM
DATE MODIFIED: 9/21/2016 6:21 AM
12. The value inherent in achieving consumer loyalty to a product or service offered under a mark through
consistent loyalty of goods and services offered under a mark is called ______.
ANSWER: goodwill
POINTS: 1
QUESTION TYPE: Completion
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:23 AM
DATE MODIFIED: 9/22/2016 7:56 AM
14. Explain how you would acquire trademark rights in a mark such that you could file a trademark application
for it.
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ANSWER: One should use the mark in interstate commerce. Applications must be based on actual use of
the mark (more than token use). Alternatively, one may file a trademark application based on
a bonafide intent to use the mark.
POINTS: 1
QUESTION TYPE: Essay
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:25 AM
DATE MODIFIED: 9/22/2016 7:57 AM
16. A party who is using a trademark without having registered it is said to have ______ rights to the mark.
ANSWER: common law
POINTS: 1
QUESTION TYPE: Completion
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:27 AM
DATE MODIFIED: 9/22/2016 7:58 AM
the registration (meaning that the mark is immune to certain challenges), assuming
appropriate documents are filed;
• The right to use the registration symbol (®) with the mark;
• A possible basis to claim priority to an Internet domain name; and
• Prima facie (literally, “on its face”) evidence of the validity of the mark and of
the registration, the registrant’s ownership of the mark, and the registrant’s
exclusive right to use the mark in connection with the identified goods and
services.
POINTS: 1
QUESTION TYPE: Essay
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:28 AM
DATE MODIFIED: 9/22/2016 8:03 AM
18. Some trademarks are stronger than others. Identify the five categories of marks, beginning with the weakest
and ending with the strongest.
ANSWER: The five categories of marks are generic, descriptive, suggestive, arbitrary, and
coined/fanciful marks.
POINTS: 1
QUESTION TYPE: Essay
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:29 AM
DATE MODIFIED: 9/22/2016 8:04 AM
19. What is the biggest difference between descriptive and suggestive marks (with respect to obtaining a
trademark registration for such marks)?
ANSWER: Descriptive marks cannot be registered without a showing of secondary meaning.
Suggestive marks can be registered without a showing of secondary meaning.
POINTS: 1
QUESTION TYPE: Essay
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:30 AM
DATE MODIFIED: 9/22/2016 8:05 AM
21. Discuss whether you would be able to obtain a trademark registration for SHENANDOAH VALLEY
CABERNET if the product is not from that area.
ANSWER: No. Under TRIPS, one cannot get a registration for wine or spirits that do not
originate in the place identified in the mark.
POINTS: 1
QUESTION TYPE: Essay
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:31 AM
DATE MODIFIED: 9/22/2016 8:06 AM
22. Discuss whether you would be able to obtain a registration for LEATHERTOTE for suitcases made of
plastic.
ANSWER: No. An application for this mark would likely be rejected as being deceptive. Consumers
would believe that the products offered under the mark were leather, when in actuality they
are plastic.
POINTS: 1
QUESTION TYPE: Essay
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:32 AM
DATE MODIFIED: 9/22/2016 8:07 AM
23. The overall look and concept of a product is called its ______.
ANSWER: trade dress
POINTS: 1
QUESTION TYPE: Completion
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:33 AM
DATE MODIFIED: 9/22/2016 8:07 AM
24. Describe whether you would be able to obtain a trademark registration for the color green or the color
magenta for a plant fertilizer.
ANSWER: It is highly unlikely one could obtain a registration for the color green for a plant
fertilizer. The color would be functional because the green color would likely blend
into the color of plants and would thus be desired by consumers. On the other hand,
the color magenta would likely be registrable. There is no need to have this color
available to other competitors and it does not appear that it would be desirable to
consumers; thus, magenta should be registrable for the plant fertilizer.
POINTS: 1
QUESTION TYPE: Essay
HAS VARIABLES: False
DATE CREATED: 9/21/2016 6:34 AM
DATE MODIFIED: 9/22/2016 8:08 AM
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