L201 Exam 1 Part 4- Trademark Law
Questions and Correct Verified
Answers.
trademark - Answer any word, name, symbol, device or combo used by manufacturer/seller to
identify and distinguish products from competitors
service marks, trademarks, certification and collective marks - Answer types of protected
marks
1. fanciful
2. arbitrary
3. suggestive
3. descriptive
4. marks that are not inherently distinctive (require secondary meaning)
5. generic terms - Answer classification of marks by inherent distinctiveness
general terms - Answer ineligible for trademark protection
-apply registered mark with US Patent and Trademark Office
-Principal Register of Patent and Trademark Office - Answer federal registration of trademarks
Principal Register of Patent and Trademark Office - Answer trademarks of sufficient
distinctiveness (or others with secondary meaning)
may be assigned or sold but only with sale of goodwill of original business - Answer transfer of
rights of trademarks
-if trademark becomes common name (generic meaning, ex: Aspirin)
-abandonment
-damage of 3rd party, disparaging to individuals/groups - Answer losing federal trademark
protection
, trademark dilution - Answer -use of mark that dilutes distinctiveness or tarnishes reputation
of famous mark
-not related to potential consumer confusion
employee ID number - Answer must get this from the IRS to identify business as separate
entity
Secretary of State website; trademark infringement if you pick already used name that could
cause consumers to confuse the 2 - Answer where can you search for business names and why
trademark registrations (USPTO database online) and marketplace - Answer where to search
for registered trademarks
fanciful - Answer "made up" word, symbol, sign with no ordinary (non-trademark) meaning;
most distinctive (ex: Kodak)
arbitrary - Answer mark with ordinary meaning unrelated to product or service; ex: Apple
suggestive - Answer ordinary meaning that suggests, but not describes, features of
product/service; ex: car names- Mustang
descriptive - Answer ordinary meaning that describes product/service
generic - Answer ordinary meaning that names product/service itself; least distinctive
stronger trademark name - Answer more distinctive trademark= ?
examples of trademarks - Answer letter, words, numbers, phrases (slogans), symbols (logos),
colors, smells, sounds, touch, holograms, product design and packaging
service mark - Answer mark used in connection with services
trade name - Answer the name of a business
Questions and Correct Verified
Answers.
trademark - Answer any word, name, symbol, device or combo used by manufacturer/seller to
identify and distinguish products from competitors
service marks, trademarks, certification and collective marks - Answer types of protected
marks
1. fanciful
2. arbitrary
3. suggestive
3. descriptive
4. marks that are not inherently distinctive (require secondary meaning)
5. generic terms - Answer classification of marks by inherent distinctiveness
general terms - Answer ineligible for trademark protection
-apply registered mark with US Patent and Trademark Office
-Principal Register of Patent and Trademark Office - Answer federal registration of trademarks
Principal Register of Patent and Trademark Office - Answer trademarks of sufficient
distinctiveness (or others with secondary meaning)
may be assigned or sold but only with sale of goodwill of original business - Answer transfer of
rights of trademarks
-if trademark becomes common name (generic meaning, ex: Aspirin)
-abandonment
-damage of 3rd party, disparaging to individuals/groups - Answer losing federal trademark
protection
, trademark dilution - Answer -use of mark that dilutes distinctiveness or tarnishes reputation
of famous mark
-not related to potential consumer confusion
employee ID number - Answer must get this from the IRS to identify business as separate
entity
Secretary of State website; trademark infringement if you pick already used name that could
cause consumers to confuse the 2 - Answer where can you search for business names and why
trademark registrations (USPTO database online) and marketplace - Answer where to search
for registered trademarks
fanciful - Answer "made up" word, symbol, sign with no ordinary (non-trademark) meaning;
most distinctive (ex: Kodak)
arbitrary - Answer mark with ordinary meaning unrelated to product or service; ex: Apple
suggestive - Answer ordinary meaning that suggests, but not describes, features of
product/service; ex: car names- Mustang
descriptive - Answer ordinary meaning that describes product/service
generic - Answer ordinary meaning that names product/service itself; least distinctive
stronger trademark name - Answer more distinctive trademark= ?
examples of trademarks - Answer letter, words, numbers, phrases (slogans), symbols (logos),
colors, smells, sounds, touch, holograms, product design and packaging
service mark - Answer mark used in connection with services
trade name - Answer the name of a business
