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Exam 3: SG 2: Intellectual Property – Trademark || with 100% Error-free Answers.

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Course
SG 2: Intellectual Property

Institution
SG 2: Intellectual Property

What is a "trademark?" correct answers distinctive identifier of goods - word, name, symbol, or device A "service mark?" correct answers distinctive identifier of a service Categories of distinctiveness of marks correct answers - fanciful (most) - arbitrary - suggestive (least) Fanciful...

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what is a trademark

Institution SG 2: Intellectual Property
Course SG 2: Intellectual Property

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Exam 3: SG 2: Intellectual Property – Trademark || with
100% Error-free Answers.
What is a "trademark?" correct answers distinctive identifier of goods
- word, name, symbol, or device

A "service mark?" correct answers distinctive identifier of a service

Categories of distinctiveness of marks correct answers - fanciful (most)
- arbitrary
- suggestive (least)

Fanciful correct answers created specifically to be a trademark
- lexus, clorox, xerox

Arbitrary correct answers a common word with a meaning that has no relationship to the product
(service) it is being used to mark
- "Apple" computers, "Amazon" products

suggestive correct answers suggest product (service) attribute or quality without being merely
descriptive

How does a "descriptive mark" develop a "secondary meaning" and thus achieve distinctiveness?
What
are the factors that courts consider? correct answers Merely describes a product or service -
generally not registerable unless mark has developed a secondary meaning ("acquired
distinctiveness")
- example = louboutin red sole

Under what circumstances have courts found a color to have achieved a "secondary meaning"
and thus be protectable as a trademark? correct answers - connection between word, name, term,
or symbol and specific product(s) or service(s) offered by a company
1. actual consumer perception of mark association
2. extent and scope of advertising and promo
3. extent and amount of time mark has been used
4. actions by company to establish connection between word, name, term, or symbol, and
product (service)

What are examples of "secondary meaning?" correct answers Qualitex and Christian Louboutin
cases

The federal Lanham Act protects what? correct answers - trademarks that eligible for registration
with the PTO
- also prevents using a mark to falsely suggest a product's source even if the mark is not
registered

, What is the legal effect of registering a mark with the U.S. Patent & Trademark Office
(USPTO)? Generally, what is the process? correct answers - recorded notice worldwide of
ownership of TM or SM
- distinctiveness (must be to be registered)
- app review by USPTO, if allowed then notice & 30-days for public opposition
- USPTO denials/public oppositions decided by TTAB - final agency actions can be challenged
in federal court

Why was the trademark registration for the Washington Redskins cancelled under federal law,
specifically, the Lanham Act? correct answers Because Redskins marks were disparaging to
Native Americans

When can registration be denied? correct answers 1. are immoral, deceptive, or scandalous
2. may disparage or falsely suggest a connection with persons, institutions, beliefs, or national
symbols, or bring them into contempt or disrepute

What about the In re Tam case? What is the main issue in that case that will be decided by the
U.S. Supreme Court this term? correct answers Band's TM registration request for name "The
Slants" denied for disparaging people of Asian descent
- on appeal, reversed finding unconstitutional under Central Hudson Test
- TM protected commercial speech but NO substantial gov't interest at stake

What is trademark "infringement?" correct answers When a mark "is likely to cause confusion,
or to cause a mistake, or to deceive as to the affiliation, connection, or association of such person
with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or
commercial activities by another person"

Is a competitor's trademark in comparative advertising protected? correct answers Yes, by First
Amendment

What factors are used to determine the "likelihood of consumer confusion" issue? correct
answers - strength or weakness of original mark
- similarity of products or services being marketed under the original mark and the allegedly
infringing mark
- evidence of actual consumer confusion
- whether alleged infringer acted in good or bad faith
- quality of defendant's products goods or services
- sophistication of potential consumers
- trade channels for the products or services
- similarity of the advertising or promotion

What is "trademark dilution?" correct answers using a famous trademark in a way that disparages
or diminishes the mark's effectiveness
1. blurring
2. tarnishment

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Exam (elaborations)

Exam 3: SG 2: Intellectual Property – Trademark || with 100% Error-free Answers.

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