Question 1

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.​

Accepted Answer

The statement is false. In a trademark dilution lawsuit, the plaintiff must prove that the unauthorized use of a mark is likely to weaken or dilute the distinctive quality of the mark, even if there is no likelihood of confusion among consumers.

Question 2

By using another's trademark, a business could lead consumers to believe that its goods were made by the other business.​

Accepted Answer

This is true. Trademarks are meant to be a source identifier, meaning they distinguish one company's goods or services from another. If another business uses a trademark that is likely to cause confusion, mistake, or deception among consumers, it may be considered trademark infringement.

Question 3

With a few exceptions, almost anything is patentable.​

Accepted Answer

Almost anything is considered patentable as long as it is novel, non-obvious, and useful. However, there are certain exclusions and limitations to patent eligibility, such as laws of nature, natural phenomena, and abstract ideas.

Question 4

States do not have trademark statutes.​

Accepted Answer

States do have trademark statutes. These statutes generally mirror the federal trademark law, the Lanham Act, but apply at the state level. Each state's trademark statute may differ slightly from the others in terms of registration requirements or procedures, but they all provide protection to marks used in intra-state commerce.

Question 5

A license permits the use of intellectual property for certain limited purposes.​

Accepted Answer

A license is a legal agreement that allows the licensee to use the intellectual property under certain specific conditions, while the licensor retains the ownership and control of the property. The terms of the license agreement usually specify the scope, duration, and limitations of the license.

Question 6

A patent applicant must demonstrate that an invention is marketable to receive a patent.​

Accepted Answer

The marketability of an invention is not a requirement for receiving a patent. The key requirements for receiving a patent include novelty, non-obviousness, and usefulness.

Question 7

A certification mark distinguishes products approved, or "certified," by the government.​

Accepted Answer

A certification mark distinguishes products or services that meet certain standards set by the owner of the mark, not necessarily the government. These standards could be related to quality, material, mode of manufacture, geographical origin, or other characteristics.

Question 8

Trade names have the same legal protection as trademarks.​

Accepted Answer

Trade names and trademarks are both protected under intellectual property law and are used to identify and distinguish a company's products or services from those of its competitors. Therefore, trade names have the same legal protection as trademarks.

Question 9

Counterfeit goods are in fact sometimes genuine.​

Accepted Answer

Counterfeit goods are imitation products made with the intent to take advantage of the superior value of the imitated product, thus they are not genuine.

Question 10

A trade name cannot be protected if it is unusual.​

Accepted Answer

A trade name can be protected even if it is unusual. The protection of a trade name is based on its use in commerce and its ability to identify the source of goods or services. As long as the name is distinctive and not generic, it can be registered and protected under trademark law.

Question 11

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.​

Accepted Answer

The statement is false. Under current patent law, the first person to file a patent application is generally granted the patent rights, regardless of who actually invented the product or process. This is known as the "first-to-file" system, which was implemented in the United States in 2013.

Question 12

A personal name is not protected under trademark law if it acquires a secondary meaning.​

Accepted Answer

A personal name can be protected under trademark law if it acquires a secondary meaning that identifies it with a particular good or service in the minds of the public.

Question 13

A trademark must be registered to support a trademark infringement action.​

Accepted Answer

A trademark does not need to be registered to support a trademark infringement action in many jurisdictions, including the United States, as long as it is used in commerce and distinctive. Common law rights can provide protection against infringement.

Question 14

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.​

Accepted Answer

An applicant can file a trademark application on an intent-to-use basis under certain conditions. This allows the applicant to reserve the trademark while they are preparing to use it in commerce. However, the registration cannot be granted until the applicant can demonstrate that the mark is actually being used in commerce.

Question 15

An arbitrary use of ordinary words may not be trademarked.​

Accepted Answer

The answer of An arbitrary use of ordinary words may...

Question 16

It is not possible to copyright an idea.​

Accepted Answer

Copyright law protects original works of authorship once they are fixed in a tangible medium. It does not protect ideas, concepts, or theories until they are expressed in a tangible form such as a writing or recording. Therefore, it is not possible to copyright an idea.

Question 17

Patent infringement occurs only if all features or parts of a product are copied.​

Accepted Answer

Patent infringement can occur even if only some features or parts of a product are copied, as long as those features or parts are covered by the patent.

Question 18

A famous trademark may be diluted only by the unauthorized use of an identical mark.​

Accepted Answer

A famous trademark can also be diluted by the unauthorized use of a similar mark that causes confusion among consumers. This is known as trademark dilution by blurring or tarnishment.

Question 19

A service mark distinguishes products used by those in public service.​

Accepted Answer

A service mark distinguishes services and not products used by those in public service.

Question 20

The need to protect intellectual property is recognized in the Declaration of Independence.​

Accepted Answer

The Declaration of Independence does not specifically address the need to protect intellectual property; it focuses on the colonies' reasons for separating from Great Britain and does not mention intellectual property rights.

Quiz 13: Intellectual Property Rights

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.​

By using another's trademark, a business could lead consumers to believe that its goods were made by the other business.​

With a few exceptions, almost anything is patentable.​

States do not have trademark statutes.​

A license permits the use of intellectual property for certain limited purposes.​

A patent applicant must demonstrate that an invention is marketable to receive a patent.​

A certification mark distinguishes products approved, or "certified," by the government.​

Trade names have the same legal protection as trademarks.​

Counterfeit goods are in fact sometimes genuine.​

A trade name cannot be protected if it is unusual.​

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.​

A personal name is not protected under trademark law if it acquires a secondary meaning.​

A trademark must be registered to support a trademark infringement action.​

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.​

An arbitrary use of ordinary words may not be trademarked.​

It is not possible to copyright an idea.​

Patent infringement occurs only if all features or parts of a product are copied.​

A famous trademark may be diluted only by the unauthorized use of an identical mark.​

A service mark distinguishes products used by those in public service.​

The need to protect intellectual property is recognized in the Declaration of Independence.​

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.

By using another's trademark, a business could lead consumers to believe that its goods were made by the other business.

With a few exceptions, almost anything is patentable.

States do not have trademark statutes.

A license permits the use of intellectual property for certain limited purposes.

A patent applicant must demonstrate that an invention is marketable to receive a patent.

A certification mark distinguishes products approved, or "certified," by the government.

Trade names have the same legal protection as trademarks.

Counterfeit goods are in fact sometimes genuine.

A trade name cannot be protected if it is unusual.

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

A personal name is not protected under trademark law if it acquires a secondary meaning.

A trademark must be registered to support a trademark infringement action.

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

An arbitrary use of ordinary words may not be trademarked.

It is not possible to copyright an idea.

Patent infringement occurs only if all features or parts of a product are copied.

A famous trademark may be diluted only by the unauthorized use of an identical mark.

A service mark distinguishes products used by those in public service.

The need to protect intellectual property is recognized in the Declaration of Independence.