LEGL 2700 ROESSING TEST 3 2026
TEST PAPER VERIFIED QUESTIONS
AND ANSWERS
◉ What was the Lanham Act of 1946? Answer: An act providing
trademarks with federal protection.
◉ What is a service mark? Answer: A mark used for services instead of
products. Ex.) airline or hotel name.
◉ What is a certification mark? Answer: A mark used to showcase that a
product/service meets certain standards. Ex.) "This product is USDA
certified"
◉ What is a collective mark? Answer: A mark used to represent
membership in an organization. Ex.) CPA certification.
◉ What is a trade dress? Answer: A mark used to protect the overall
look/appearance of a product or business. This must be distinctive, non-
functional and create consumer recognition. Ex.) Apple Stores have a
very modern, minimalistic look.
◉ What is step 1 of applying for a trademark? Answer: Submission of
your trademark application to the US Patent and Trademark Office
(PTO)
,◉ What is step 2 of applying for a trademark? Answer: If you
application is accepted, the PTO places the potential mark in the Official
Gazette, where others can examine the application, letting them know
that it may soon be registered.
◉ What is step 3 of applying for a trademark? Answer: The Opposition
period, where when your mark is in the official Gazette, others can
object to your mark. If they do, there is a hearing.
◉ What is step 4 of applying for a trademark? Answer: You pass the
opposition period, either winning the hearing, or never having one. Your
mark now goes into the Principal Register, where you have full legal
ownership.
◉ How long can a trademark last? Answer: A trademark can last
forever, so long as it's actively being used and its properly renewed.
Companies are required to renew their own trademarks, or they can lose
it.
◉ What is a civil trademark infringement? Answer: When a trademark
owner sues another party for using a confusingly similar mark.
◉ What is the legal standard for a civil trademark infringement case?
Answer: The legal standard is likelihood of confusion. Would the
average consumer be confused about the source of the product? If yes,
the plaintiff wins, and vice versa.
, ◉ What are some common factors courts look into in a civil trademark
infringement case? Answer: Similarity between the two, strength of the
original mark, general evidence, and intent of the defendant.
◉ What are the remedies in a civil trademark infringement case?
Answer: Damages (lost profits, money), Injunctions (court orders to stop
using the mark), or Destruction (the infringing goods can be seized or
destroyed).
◉ What is a criminal trademark infringement? Answer: An intentional
infringement of someone's trademark. This usually involves
counterfeiting or general intentional deception. Penalties can be fines or
prison time.
◉ How can a trademark infringement be defended in a "non-distinctive
mark" situation? Answer: Trademarks only protect distinctive marks, so
if the mark is too generic or descriptive without meaning, it may not be
protected. It must be evident what product/service the trademark
represents, so if that isn't the case, the infringement case may be denied.
◉ How can a trademark infringement be defended in a "likelihood of
confusion" situation? Answer: If consumers are unlikely to be confused
over the infringement for whatever reason (different products,
audiences, branding, etc.), it may not be protected.
◉ How can a trademark infringement be defended in a "fair use"
situation? Answer: You can use another party's trademark in a limited,
non-brand way.
TEST PAPER VERIFIED QUESTIONS
AND ANSWERS
◉ What was the Lanham Act of 1946? Answer: An act providing
trademarks with federal protection.
◉ What is a service mark? Answer: A mark used for services instead of
products. Ex.) airline or hotel name.
◉ What is a certification mark? Answer: A mark used to showcase that a
product/service meets certain standards. Ex.) "This product is USDA
certified"
◉ What is a collective mark? Answer: A mark used to represent
membership in an organization. Ex.) CPA certification.
◉ What is a trade dress? Answer: A mark used to protect the overall
look/appearance of a product or business. This must be distinctive, non-
functional and create consumer recognition. Ex.) Apple Stores have a
very modern, minimalistic look.
◉ What is step 1 of applying for a trademark? Answer: Submission of
your trademark application to the US Patent and Trademark Office
(PTO)
,◉ What is step 2 of applying for a trademark? Answer: If you
application is accepted, the PTO places the potential mark in the Official
Gazette, where others can examine the application, letting them know
that it may soon be registered.
◉ What is step 3 of applying for a trademark? Answer: The Opposition
period, where when your mark is in the official Gazette, others can
object to your mark. If they do, there is a hearing.
◉ What is step 4 of applying for a trademark? Answer: You pass the
opposition period, either winning the hearing, or never having one. Your
mark now goes into the Principal Register, where you have full legal
ownership.
◉ How long can a trademark last? Answer: A trademark can last
forever, so long as it's actively being used and its properly renewed.
Companies are required to renew their own trademarks, or they can lose
it.
◉ What is a civil trademark infringement? Answer: When a trademark
owner sues another party for using a confusingly similar mark.
◉ What is the legal standard for a civil trademark infringement case?
Answer: The legal standard is likelihood of confusion. Would the
average consumer be confused about the source of the product? If yes,
the plaintiff wins, and vice versa.
, ◉ What are some common factors courts look into in a civil trademark
infringement case? Answer: Similarity between the two, strength of the
original mark, general evidence, and intent of the defendant.
◉ What are the remedies in a civil trademark infringement case?
Answer: Damages (lost profits, money), Injunctions (court orders to stop
using the mark), or Destruction (the infringing goods can be seized or
destroyed).
◉ What is a criminal trademark infringement? Answer: An intentional
infringement of someone's trademark. This usually involves
counterfeiting or general intentional deception. Penalties can be fines or
prison time.
◉ How can a trademark infringement be defended in a "non-distinctive
mark" situation? Answer: Trademarks only protect distinctive marks, so
if the mark is too generic or descriptive without meaning, it may not be
protected. It must be evident what product/service the trademark
represents, so if that isn't the case, the infringement case may be denied.
◉ How can a trademark infringement be defended in a "likelihood of
confusion" situation? Answer: If consumers are unlikely to be confused
over the infringement for whatever reason (different products,
audiences, branding, etc.), it may not be protected.
◉ How can a trademark infringement be defended in a "fair use"
situation? Answer: You can use another party's trademark in a limited,
non-brand way.
