Hillward Bakers Inc.has been using a logo with the letters "HB" in blue color and a baker's hat above these letters since its inception ten years ago.This logo has since been connected with Hillward Bakery by its customers.Hobert Bakers Inc.,a newly opened bakery and confectionary chain,uses the same logo.Hillward has not registered its logo,but chooses to sue Hobert.Which of the following is true of this case?
A) Hillward cannot sue Hobert since the logo has not been registered as a trademark.
B) Hillward can sue Hobert since the logo has been used by Hillward and is associated with it.
C) Hobert can defend that Hillward created something that lacks utility and cannot be trademarked.
D) Hobert can defend that Hillward created something that was very obvious.
E) Hillward cannot sue Hobert because logos cannot be patented or trademarked.

Question

Quizplus · Accepted Answer

In this case, Hillward Bakers Inc. can sue Hobert Bakers Inc. since the logo has been used by Hillward and is associated with it. Although registration systems exist at the federal and state level, it is important to understand that trademark rights come from use of the mark in association with goods or services.