Which of the following is true of trademarks?
A) Words that are descriptive but have no secondary meaning cannot be trademarked.
B) Trademarks are subject to the fair use doctrine that allows lawful use of another's trademark.
C) Marks that resemble an already registered mark can be trademarked.
D) The coat of arms of a nation can be registered as a trademark with the U.S. Patent and Trademark Office.

Question

Quizplus · Accepted Answer

A trademark cannot be registered if it is merely descriptive and lacks secondary meaning. It needs to have a distinctiveness and uniqueness that can associate it with a particular source of goods or services.

Answer: B
 While the fair use doctrine allows for certain types of use of another's trademark, this is typically limited to noncommercial or commentary purposes. In general, using another's trademark without permission for commercial purposes is considered infringement.

Answer: C
 Marks that resemble an already registered mark are likely to cause confusion among consumers, and therefore cannot be registered as trademarks. Trademarks must be unique and distinctive to avoid such confusion.

Answer: D
 Coats of arms or other government symbols cannot be registered as trademarks with the U.S. Patent and Trademark Office, as they are considered to be the exclusive property of the government and not subject to private ownership.

Which of the Following Is True of Trademarks