Question 1

"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

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Question 2

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

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Question 3

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

This statement is true. Disputes related to the registration of trademarks are resolved by the Registrar of Trademarks and Trademarks Opposition Board in Canada, and if required, appeals go to the Federal Court.

Question 4

Explain how trademark protection is obtained.

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Question 5

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 6

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

Accepted Answer

A registered trademark typically provides protection for 10 years from the date of registration, and it can be renewed indefinitely for additional 10-year periods.

Question 7

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

Accepted Answer

This is known as genericide, where a trademark name becomes so commonly used to describe a type of product or service that it loses its distinctiveness as a trademark. Examples include "escalator" and "aspirin".

Question 8

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

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Question 9

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

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Question 10

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. This means that others cannot use or register a similar trademark in the same type of business or for similar products or services.

Question 11

A person can only bring a passing-off action where there is no registered trademark involved.

Accepted Answer

A passing-off action can be brought regardless of whether a trademark is registered or not. It is an action to protect unregistered rights, while a trademark infringement action is used to protect registered rights.

Question 12

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 would give Aunt Juliet exclusive use of that mark nationwide with respect to the particular type of business or similar products or services as indicated on the application, even if she is not marketing her wares nationwide. This means that she would have legal protection against someone else using the same or a similar mark in the same industry or field. However, not registering the trademark does not mean she has no legal protection at all, as common law rights may still apply.

Question 13

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

Paul and Robert's use of a variation of Apple Computer Ltd.'s symbol could potentially be seen as trademark infringement, and if Apple were to take legal action, they could seek both an injunction (to stop further use of the symbol) and damages (compensation for any harm caused by the unauthorized use).

Question 14

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

This statement is true. An application for trademark expungement can be brought forward if there has been misrepresentation or if it is deemed that the mark does not qualify for registration. It is also possible to challenge a trademark registration even after it has been registered, as long as there are grounds for doing so.

Question 15

Indicate three things that cannot be used as a trademark.

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Question 16

What protection is given under trademark legislation?

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Question 17

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 18

Under the Trade-marks 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 a proposed trademark application, which allows individuals or companies to secure a trademark before actually using it in commerce. However, the applicant must have a bona fide intention to use the mark in the future.

Question 19

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 20

Which of the following is false with regard to trademark?

Accepted Answer

If a person registers a trademark but later fails to use it, the protection can be lost due to non-use, as trademarks must be actively used to maintain their protection.

Quiz 9: Ideas and Information