Question 1

Distinctive marks are ordinary words or symbols that have an established meaning but have acquired a secondary meaning attached to a product or service.

Accepted Answer

Distinctive marks are not ordinary words or symbols with established meanings; they are unique, inherently distinctive identifiers (like brand names or logos) that can distinguish the goods or services of one enterprise from those of others without necessarily having a secondary meaning at first. A secondary meaning is developed over time as the public comes to associate the mark with a particular source.

Question 2

A party that does not register its brand name has no legal right over it.

Accepted Answer

Even without registration, a party can establish rights in a brand name through actual use in commerce, which can be protected under common law trademark rights.

Question 3

The trademark symbol SM is used to indicate a mark associated with a product.

Accepted Answer

The trademark symbol SM is used to indicate a mark associated with a service, not a product.

Question 4

A(n)________ mark confirms that a seller of a product or service has met certain geographical location requirements,quality standards,material standards,or mode of manufacturing standards established by the owner of the mark.

Accepted Answer

The answer of A(n)________ mark confirms that a seller of...

Question 5

A service mark is used to distinguish the product of the holder from those of its competitors.

Accepted Answer

A service mark is used to distinguish the services of the holder from those of its competitors, not products. For products, trademarks are used.

Question 6

________ is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering,immoral,or reprehensible context likely to evoke negative beliefs about the mark's owner.

Accepted Answer

Tarnishment is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed negatively, damaging the reputation and value of the mark's owner. Choices B, C, and D do not accurately describe tarnishment.

Question 7

A certification mark is usually owned by a for-profit corporation.

Accepted Answer

A certification mark is used to indicate that goods or services have been certified by an independent organization as meeting certain standards or qualifications. It is usually owned by a non-profit organization, government agency, or association.

Question 8

________ is a type of trademark dilution where a party uses another party's famous mark to designate a product or service in another market so that the unique significance of the famous mark is weakened.

Accepted Answer

The answer of ________ is a type of trademark dilution...

Question 9

A(n)________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.

Accepted Answer

A generic name is a term that has become commonly used to describe a particular type of product or service, and therefore it has lost its trademark protection. Examples include aspirin, escalator, and thermos.

Question 10

The trademark symbols TM and SM can be used with marks that have not been registered.

Accepted Answer

TM (trademark) and SM (service mark) symbols can be used with marks that are not registered. These symbols indicate that the owner claims rights to the mark and can discourage others from using the same or similar mark. However, the use of these symbols does not provide the same level of legal protection and benefits as a registered trademark.

Question 11

A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n)________ mark.

Accepted Answer

The answer of A mark that indicates that a person...

Question 12

In 1946,Congress enacted the ________ Act to provide federal protection to trademarks,service marks,and other marks.

Accepted Answer

The answer of In 1946,Congress enacted the ________ Act to...

Question 13

In a dilution lawsuit,the plaintiff must show proof of actual harm in order to win the lawsuit.

Accepted Answer

In a dilution lawsuit, the plaintiff does not need to prove actual harm to win the lawsuit. It is enough to prove that the defendant's use of the plaintiff's trademark has diluted the strength or distinctive quality of the plaintiff's mark.

Question 14

When is a mark said to have acquired a secondary meaning?

Accepted Answer

A mark is said to have acquired a secondary meaning when it is no longer only describing the product or service it represents, but has also become associated with a particular source or brand. This usually happens when ordinary words acquire a new meaning due to their consistent association with a product or service. For example, "Apple" has acquired a secondary meaning as a brand of tech products, rather than just a fruit.

Question 15

A company slogan is an example of a trademark.

Accepted Answer

A slogan can be registered as a trademark if it is used to identify and distinguish the company's goods or services from others in the market.

Question 16

A trademark is issued if the registrant proves he has used the mark in commerce.

Accepted Answer

In order to register a trademark, the registrant must prove that they have used the mark in commerce. This is known as the "use in commerce" requirement.

Question 17

Ordinary words or symbols that have taken on a secondary meaning can qualify as marks.

Accepted Answer

This statement is true. Words, symbols, or even sounds that have acquired a distinctive meaning in the marketplace and are used to identify and distinguish goods or services from those of others can be registered as trademarks.

Question 18

A(n)________ is a distinctive mark,symbol,name,word,motto,or device that identifies the goods of a particular business.

Accepted Answer

The answer of A(n)________ is a distinctive mark,symbol,name,word,motto,or device that...

Question 19

Once a trademark becomes a ________,the term loses its protection under federal trademark law.

Accepted Answer

The answer of Once a trademark becomes a ________,the term...

Question 20

Trademarks that have become generic names are protected under federal trademark law.

Accepted Answer

Trademarks that become generic terms lose their protection under federal trademark law, as they are no longer distinctive identifiers of a particular source of goods or services.

Quiz 8: Intellectual Property and Cyber Piracy