Intellectual Property Law Certification || with A+
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False correct answers All forms of intellectual property have a fixed period of duration
False correct answers Only one form of intellectual property is available for any one item
False correct answers For any form of intellectual property to be protectable, it must be
registered with the appropriate government agency.
False correct answers Trade secrets are protected by various state laws rather than federal law.
True correct answers Trademarks may consist of words, slogans, logos, and even sounds.
False correct answers To be protected under copyright law, a literary work must have serious and
artistic merit.
True correct answers It is fairly easy to obtain a copyright registration.
True correct answers For some companies, the value of their intellectual property assets far
outweigh their tangible assets.
Trademarks, copyrights, patents, and trade secrets correct answers List the four fields that
comprise intellectual property.
WIPO correct answers is an international organization that promotes intellectual property
throughout the world and administers numerous treaties relating to intellectual property law.
In return for fully disclosing the invention in the patent application, the inventor receives an
exclusive period of time to exploit the invention. Then after the patent expires, any member of
the public may use or sell the invention (thus benefiting the public). correct answers How do
patents promote the public good as well as their inventors' interests?
It may take several years for a song, painting, or film to achieve its true value. Thus, authors
need a long period of time of protection to allow their works to achieve their greatest value.
correct answers Why is the period of copyright protection so long?
A trademark is used in connection with the offering of goods; a service mark is used in
connection with the offering of services. correct answers Differentiate between a trademark and a
service mark.
Utility, design, plant correct answers Identify the three types of patents.
20 years after filing correct answers An application for a utility patent was filed on September 1,
2015, and was granted on June 1, 2016. When will the patent expire?
,Trademark correct answers Identify which field of intellectual property law would protect the
following: The word "BIC" used for pens
Copyright correct answers Identify which field of intellectual property law would protect the
following: The new Star Wars film
Patent correct answers Identify which field of intellectual property law would protect the
following: A new camera
Trademark correct answers Identify which field of intellectual property law would protect the
following: The slogan "Eat Fresh" used by Subway
Copyright correct answers Identify which field of intellectual property law would protect the
following: The novel The Nightingale
Trade Secret correct answers Identify which field of intellectual property law would protect the
following: A company's valuable customer list
True correct answers The terms "trademark" and "service mark" are synonymous.
False correct answers Certification marks are used by their owners to indicate that goods are of a
certain quality or from a certain region.
F correct answers To file a trademark application, one must show actual use of a mark.
F correct answers Even token use of a mark is sufficient to secure a trademark registration.
False correct answers For a trademark to be valid, it must be registered with the USPTO.
True correct answers A generic term such as "BUTTER" (used in connection with butter) can
never be registered as a trademark.
False correct answers 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.
False correct answers The French term "pain" (meaning "bread") would be registrable for bread.
True correct answers A single color can be registered as a trademark.
False correct answers Hashtags can never be registered as trademarks.
Trademarks provide assurances that goods are of a certain quality and consistency and they assist
consumers in making decisions about the purchase of goods. correct answers Identify the two
functions of a trademark.
,Goodwill correct answers 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 ______.
trademarks, service marks, certification marks, and collective marks correct answers Identify the
four different types of trademarks.
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. correct answers Explain how you would acquire trademark
rights in a mark such that you could file a trademark application for it.
An ITU application allows one to file a trademark application for a mark without having actually
used the mark. Using a mark (in advertising, etc.) can be expensive. Then, if the USPTO refuses
an application, one would have incurred the expense in using the mark and not received a
registration. Thus, the ITU application allows one to file a trademark application relatively
inexpensively. If the USPTO refuses registration, the applicant will not have expended a great
deal of money in using or marketing the mark and can select another mark and try again. correct
answers Explain the benefit of an intent-to-use application.
Common Law correct answers A party who is using a trademark without having registered it is
said to have ______ rights to the mark.
Nationwide constructive use effective from the filing date of the application (meaning that the
public is assumed to have notice that the registrant has nationwide priority in the use of its mark
as of this date);• Nationwide notice to the public of an owner's claim to a mark, thereby
precluding a later user from claiming it used a mark in good faith in a remote territory and should
be able to continue use;• The ability to bar importation of goods bearing infringing trademarks
(assuming the registration is deposited with the U.S. Customs and Border Protection);• The right
under the Paris Convention to obtain a registration in various foreign countries based upon the
U.S. registration;• The right to bring an action in federal court for trademark infringement and
recover lost profits, damages, costs, and possibly triple damages and attorneys' fees;•
Incontestable status of the registration after five years of continuou correct answers Identify at
least two benefits to obtaining a trademark registration.
generic, descriptive, suggestive, arbitrary, and coined/fanciful marks correct answers Some
trademarks are stronger than others. Identify the five categories of marks, beginning with the
weakest and ending with the strongest.
Descriptive marks cannot be registered without a showing of secondary meaning. Suggestive
marks can be registered without a showing of secondary meaning. correct answers What is the
biggest difference between descriptive and suggestive marks (with respect to obtaining a
trademark registration for such marks)?
No. Under TRIPS, one cannot get a registration for wine or spirits that do not originate in the
place identified in the mark. correct answers Discuss whether you would be able to obtain a
, trademark registration for SHENANDOAH VALLEY CABERNET if the product is not from
that area.
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.?? correct answers Discuss whether you would be able to obtain a registration for
LEATHERTOTE for suitcases made of plastic.
Trade Dress correct answers The overall look and concept of a product is called its
The US Trademark Act/Lanham Act correct answers The federal statute that governs trademarks
is called
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. correct answers Describe whether you would be able to obtain a trademark registration
for the color green or the color magenta for a plant fertilizer.
True correct answers One may use the USPTO databases to determine if a mark has been the
subject of proceedings at the Trademark Trial and Appeal Board.
False correct answers Every trademark search should cover not only all U.S. sources but
international sources as well.
True correct answers Paralegals often conduct preliminary trademark searches.
True correct answers A trademark search can provide information as to how the USPTO handled
and reviewed trademark applications for marks similar to that being searched.
False correct answers A trademark search will uncover every possibly conflicting mark.
False correct answers Paralegals can sign a letter to a client analyzing the results of a trademark
search and recommending options for a client.
False correct answers Law firms can predict with near certainty that a trademark application will
be successful at the USPTO.
False correct answers The U.S. Trademark Act requires that trademark applicants perform a
trademark search before applying for federal registration for a mark.
Even though the registration may be cancelled, the mark itself may still be in use. Thus, the mark
that is the subject of the search could infringe this conflicting mark. Rights to marks in the
United States arise from use and not from registration. Thus, even though the registration for the
