Aunt Juliet wants to know whether or not to register her trademark. Which of the following is true with regard to registration of trademarks?
A) Registration of the trademark would give her exclusive use of that mark nationwide even if she does not market her wares nationwide.
B) If she does not register her trademark under the Trademark Act, she will have no legal protection of her mark.
C) Trademarks can only consist of socially acceptable symbols or logos. Words and expressions must seek copyright protection.
D) Registration gives her the right to use her mark for her life plus fifty years.
E) A registered trademark is required for a passing-off action.

Question

Quizplus · Accepted Answer

EA) Registration of a trademark indeed grants the owner exclusive rights to use the mark nationwide, regardless of whether their products or services are marketed in every state. This is a key benefit of federal trademark registration in the United States, as it helps in protecting the trademark across the entire country, even beyond the areas where the trademark owner is actively doing business.E) This statement is incorrect, making it a true statement in the context of the question (which asks for true statements about trademark registration). A passing-off action does not require a registered trademark. Passing off is a common law tort used to enforce unregistered trademark rights. It protects the goodwill attached to unregistered trademarks from being misrepresented by others. The action is available whether or not a trademark is registered.

Aunt Juliet Wants to Know Whether or Not to Register