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LEB 320F Unit 6 Exam Questions and Answers 100% Solved £9.61
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LEB 320F Unit 6 Exam Questions and Answers 100% Solved
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LEB 320F Unit 6 Exam Questions and Answers 100% Solved What was the World Trade Organization's contribution to patent law? What does it protect? - Established TRIPS (trade related intellectual property rights) which set minimum requirements for intellectual property protection in all member na...

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  • December 14, 2024
  • 21
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • leb 320f

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LEB 320F Unit 6 Exam Questions and

Answers 100% Solved


What was the World Trade Organization's contribution to patent law? What

does it protect? - ✔✔Established TRIPS (trade related intellectual property

rights) which set minimum requirements for intellectual property protection

in all member nations including trademarks, trade secrets, patents, and

copyrights

What is a trademark? - ✔✔a distinctive word, phrase, symbol, or design

that identifies the origin of a good

When is a mark protectable? - ✔✔it must serve as a "source identifier" and

have secondary meaning

What is trade dress? When must secondary meaning be proven? - ✔✔very

distinctive packaging or nonfunctional product design that serves the same

purpose as a trademark. Includes distinctive design of a restaurant's

exterior and interior décor if they can prove that the design has gained

'secondary meaning'.

Secondary meaning does not have to be proved for packaging.

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,What are the four trademark categories? - ✔✔generic, descriptive,

suggestive, fanciful/arbitrary

What is a generic trademark? How protectable is it? Give an example. -

✔✔describe an entire class of goods or services rather than a particular

seller's version of a good or service. Not protectable by itself.

Ex. car

What is a descriptive trademark? How protectable is it? Give an example. -

✔✔identifies a characteristic or quality of a product or service. Includes last

names. Only protectable when secondary meaning can be proven.

Ex. Dell, Vision Center

What is a suggestive trademark? How protectable is it? Give an example. -

✔✔Suggests, rather than describes, some characteristics of the good sold.

can be a protectable mark even without actual proof of acquired secondary

meaning because courts view suggestive terms as being "inherently

distinctive."

Ex. Coppertone

What is a fanciful/arbitrary trademark? How protectable is it? Give an

example. - ✔✔words coined specifically for trademark. Usually seen as

inherently distinctive.


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, Ex. Apple, Kodak

What are the three types of trademark system? Which does the US use? -

✔✔geography, priority, and registration. The US uses a hybrid of all three

that provides protection based on the geographic area in which a mark has

been used in connection with sales, and then provides expanded protection

where the mark is registered.

What is a requirement for a product before a trademark can be registered?

Is a mark protectable if this isn't met? - ✔✔interstate commerce must be

established. Under the Lanham Act if an applicant has not yet made

interstate use of a mark but has a good faith intention (bona fide intent) to

do so in the near future (1-3 years), they declare an "Intent to Use" (ITU)

What constitutes a likelihood of confusion? What are the factors affecting

this? When is likelihood of confusion not allowed? - ✔✔if consumers are

likely to be misled into believing that the brand is associated with another

brand or sponsors what that other brand is doing. Factors: similarity of

design of the marks, similarity of product, proof of confusion among actual

buyers, and marketing surveys of prospective purchasers showing an

appreciable misassociation.

If the products are dissimilar and unrelated, however, even identical marks

may not cause confusion.
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