Trademark

Which of the following correctly sets forth the hierarchy of trademarks, from strongest protection to weak or no protection?

(a) Arbitrary terms, descriptive terms, suggestive terms, generic terms

(b) Arbitrary terms, suggestive terms, descriptive terms, genetic terms

(c) Generic terms, descriptive terms, arbitrary terms, suggestive terms

(d) Descriptive terms, suggestive terms, arbitrary terms, generic terms

(b) Arbitrary terms, suggestive terms, descriptive terms, genetic terms

Which of the following requires federal registration of a mark?

(a) Ability to bring suit against someone who uses a confusingly similar mark in interstate commerce.

(b) Possibility for the mark to become incontestable.

(c) Acquiring a cause of action for infringement in interstate commerce.

(d) Evidence of the ownership of the mark and interstate commerce.

(b) Possibility for the mark to become incontestable.

Which of the following is true about service marks?

 

(a) A valid surface mark cannot be the same word as a trademark owned by the same company.

(b) Unlike trademarks, a service mark can be "used in commerce" by use in advertising.

(c) Service mark registrations cannot become incontestable

(d) Use of a service mark cannot be an infringement of someone else's previously used trademark.

(b) Unlike trademarks, a service mark can be "used in commerce" by use in advertising.

X has valid federal trademark rights in the mark "Ultrasheen" for furniture polish, and has a federal registration for it. D begins using "Ultrashine" as a brand for dish detergent and, places this brand on bottles containing such detergent. Which of the following statements is the most correct?

(a) If D ships her products in interstate commerce, it will be trademark infringement of X’s rights, because the marks are similar.

(b) Since the two marks are not the same, there is no infringement.

(c) Since the marks are not the same and the goods are not the same, there is no infringement.

(d) The issue of infringement cannot be validly determined on the facts given.

(d) The issue of infringement cannot be validly determined on the facts given.

Which of the following is the most correct statement?

(a) A mark that is primarily merely a surname, such as "Johnson" for wax, is not protectable as a mark until it has acquired distinctiveness.

(b) A descriptive mark can never be protected.

(c) A geographically descriptive mark can never be protected.

(d) The United States flag could be a legally protected trademark, if it is used in a distinctive way on goods and the goods are shipped in interstate commerce.

(a) A mark that is primarily merely a surname, such as "Johnson" for wax, is not protectable as a mark until it has acquired distinctiveness.

L Company is in the business of inspecting safes and vaults to determine their resistance to fire and theft. For a substantial fee from a manufacturer, L Company at its Denver, Colorado, facility receives a sample safe or vault product and conducts a series of elaborate tests to determine if the product has good fire and theft resistance properties.

Each product bears the trademark of the manufacturer, e.g., "National Safe." If a product passes these tests, L Company places its approval label, consisting of a large script "L" on a white field, on the inside or bottom of the product and returns it to the manufacturer.

There are now thousands of these labels on safes and bank vault boxes throughout the United States. The script "L" on the white field, so placed on goods that move across state lines, constitutes a:

(a) trademark

(b) service mark

(c) certification mark

(d) collective mark

(c) certification mark

Which is most correct about an incontestable federal registration for a mark:

(a) All federal registrations are incontestable

(b) An incontestable federal registration prevents the mark from becoming generic and thus losing its status as a protected mark

(c) An incontestable federal registration prevents any challenges to the mark on the ground that the mark is merely descriptive, even if the evidence shows that the mark is merely descriptive

(d) An incontestable federal registration does not prevent challenges to the mark on the ground that the mark is geographically descriptive, e.g., Southwest Airlines

(c) An incontestable federal registration prevents any challenges to the mark on the ground that the mark is merely descriptive, even if the evidence shows that the mark is merely descriptive

Which is most correct:

(a) A surname can be protected as a trademark if it is used on goods in interstate commerce, but only if it is not a well known surname

(b) A surname cannot be protected as a trademark when it is first used on goods in interstate commerce, but it might be protected later, after it has acquired distinctiveness

(c) A surname can never be a valid trademark

(d) A surname of a famous person can never be a valid trademark

(b) A surname cannot be protected as a trademark when it is first used on goods in interstate commerce, but it might be protected later, after it has acquired distinctiveness

True (a) or False (b): A mark that includes the American flag can be a protected federal trademark, if it has been extensively used in interstate commerce for a long time

(b) false