Question 1

Which of the following is true with regard to trademark?

Accepted Answer

Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada with respect to the particular type of business or similar products or services as indicated on the application.

All the other options are incorrect:
A) Unregistered marks and names may also be protected under trademark laws.
C) Protection for trademarks lasts for a finite period, typically around 10 years.
D) The distinctive design of a product container can be subject to trademark protection.
E) If a person fails to use a registered trademark, protection can be lost, and the mark can be subject to cancellation.

Question 2

Disputes with respect to the registration of trademarks are handled by the Registrar of Trademarks and Trademarks Opposition Board with appeals going to the Federal Court.

Accepted Answer

Disputes with respect to the registration of trademarks are handled by the Registrar of Trademarks and Trademarks Opposition Board with appeals going to the Federal Court, as per the Canadian Trademarks Act.

Question 3

Indicate the kinds of things that are covered by trademark legislation.

Accepted Answer

The answer of Indicate the kinds of things that are...

Question 4

Unique sounds may be registered as trademarks but do not fall under copyright or patent protection.

Accepted Answer

The answer of Unique sounds may be registered as trademarks...

Question 5

Paul and Robert designed a new disk holder that they wanted to introduce to a large market.They decided that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any computer.After playing with some symbols, they decided to use a slight variation of Apple Computer Ltd.'s symbol of an apple because it was pleasing to the eye and well known.Which of the following is true?

Accepted Answer

Using a slight variation of Apple's symbol could be considered an infringement of Apple's trademark rights. If Apple decides to take legal action, it could ask the court for an injunction (to stop the unauthorized use of its symbol) as well as for damages (compensation for any harm caused by the infringement).

Question 6

It is possible for a trademark name to lose its status through common use.

Accepted Answer

This is known as the process of genericization, where a trademark name becomes so commonly used to describe a certain product or service that it loses its distinctiveness and becomes a generic term. Examples include "escalator" and "aspirin."

Question 7

The remedies for infringement included in the Integrated Circuit Topography Act are limited to payment of royalties, payment of damages or profits (including punitive damages), and the seizure and destruction of offending items.

Accepted Answer

The remedies for infringement under the Integrated Circuit Topography Act can also include injunctions to prevent further infringement, in addition to the payment of royalties, damages or profits, and the seizure and destruction of offending items.

Question 8

When a trademark is registered, it gives protection for a period of 50 years.

Accepted Answer

When a trademark is registered, it gives protection for a period of 10 years, which can be renewed indefinitely as long as the trademark is still in use and the renewal fees are paid.

Question 9

Discuss how the common law protects intellectual property.In your discussion, indicate why it was necessary to introduce statutes in some areas.

Accepted Answer

The answer of Discuss how the common law protects intellectual...

Question 10

"Official marks" prohibit all others from using marks that might be confused with them, except for those that were pre-existing (as the rights of the owners of pre-existing marks cannot be violated).

Accepted Answer

The answer of "Official marks" prohibit all others from using...

Question 11

Which of the following is false with regard to trademark?

Accepted Answer

If a registered trademark is not used, it can be subject to cancellation for non-use, meaning protection can be lost.

Question 12

Under the Trademarks Act, an application can be made for a proposed trademark where the mark has not yet been used and is not known to the public but will be used sometime in the future.

Accepted Answer

This is known as an intent-to-use application and is allowed under the Trademarks Act. However, the applicant must provide a bona fide intention to use the trademark in Canada.

Question 13

Explain how trademark protection is obtained.

Accepted Answer

The answer of Explain how trademark protection is obtained....

Question 14

Since the design of a manufactured product includes both the expression of an idea and a physical manifestation of it, overlapping protection may be available under copyright and trademark and in rare instances under patent.

Accepted Answer

This statement is true. Copyright protects the expression of an idea while trademark protects the representation of a brand. In rare cases, a product design may also qualify for design patent protection.

Question 15

Professor Grant developed an integrated circuit that might revolutionize the manufacture of televisions.He knows that he needs to protect his design, so he researches the Integrated Circuit Topography Act.Which of the following statements would be true related to registration of an integrated circuit?

Accepted Answer

The Integrated Circuit Topography Act requires that the circuit be registered within two years of its first commercial exploitation to obtain protection.

Question 16

Trademarks can be challenged up to 15 years after registration.

Accepted Answer

Trademarks can be challenged for up to 5 years after registration, not 15 years. After this period, they are considered "incontestable," though there are still some exceptions.

Question 17

An application can be brought to have a trademark expunged where there has been misrepresentation with respect to the application or for some other reason the mark doesn't qualify for registration, and this challenge can be brought even years after the trademark has been registered.

Accepted Answer

An expungement proceeding can be brought at any time, even years after a trademark has been registered, if there has been misrepresentation or the mark no longer meets the requirements for registration.

Question 18

Indicate three things that cannot be used as a trademark.

Accepted Answer

The answer of Indicate three things that cannot be used...

Question 19

What protection is given under trademark legislation?

Accepted Answer

The answer of What protection is given under trademark legislation?...

Question 20

Aunt Juliet wants to know whether or not to register her trademark.Which of the following is true with regard to registration of trademarks?

Accepted Answer

Registration of a trademark gives the owner exclusive use of the mark nationwide with respect to the particular type of business, or similar products or services as indicated on the application even though they are not marketing their wares nationwide. Option A is false; an unregistered trademark may still have some legal protection under common law. Option B is also false; words and expressions can be registered as trademarks. Option C is partially true, as a registered trademark is not required for a passing-off action, but it can provide additional legal protection. Option E is also false; the duration of trademark protection varies by country, but in the United States, it is 10 years with the possibility for renewal.

Quiz 9: Ideas and Information