Deck 2: Foundations of Trademark Law

Question 1

​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.

Answer 1

False

Question 2

Some trademarks are stronger than others. Identify the five categories of marks, beginning with the weakest and ending with the strongest.

Answer 2

The five categories of marks are generic, descriptive, suggestive, arbitrary, and coined/fanciful marks .​

Question 3

Hashtags can never be registered as trademarks.

Answer 3

False

Question 4

​ For a trademark to be valid, it must be registered with the USPTO.

Question 5

Certification marks are used by their owners to indicate that goods are of a certain quality or from a certain region.

Question 6

​ Identify the two functions of a trademark.

Question 7

​ 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 ______.

Question 8

​ Explain the benefit of an intent-to-use application.

Question 9

The French term "pain" (meaning "bread") would be registrable for bread.

Question 10

A single color can be registered as a trademark.

Question 11

​ Even token use of a mark is sufficient to secure a trademark registration.

Question 12

What is the biggest difference between descriptive and suggestive marks (with respect to obtaining a trademark registration for such marks)?

Question 13

​ Explain how you would acquire trademark rights in a mark such that you could file a trademark application for it.

Question 14

A party who is using a trademark without having registered it is said to have ______ rights to the mark.

Question 15

​ To file a trademark application, one must show actual use of a mark.

Question 16

​ Identify the four types of trademarks.

Question 17

Identify two benefits to obtaining a trademark registration.

Question 18

Describe why functional devices cannot be registered as trademarks.

Question 19

​ The terms "trademark" and "service mark" are synonymous.

Question 20

​A generic term such as "BUTTER" (used in connection with butter) can never be registered as a trademark.

Question 21

​ Discuss whether you would be able to obtain a trademark registration for SHENANDOAH VALLEY CABERNET if the product is not from that area.

Question 22

The federal statute that governs trademarks is called ______ .

Question 23

The overall look and concept of a product is called its ______ .

Question 24

Describe whether you would be able to obtain a trademark registration for the color green or the color magenta for a plant fertilizer.

Question 25

​ Discuss whether you would be able to obtain a registration for LEATHERTOTE for suitcases made of plastic.