Question 1

Hillward Bakers have been using since their inception ten years ago, a blue HB logo with a baker's hat on the HB. Hobert Bakers, a newly opened bakery and confectionary chain, has used 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 log 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.

Accepted Answer

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.

Question 2

Which of the following is a function of a trademark?
A) Obviousness
B) Utility
C) Distinctiveness
D) Certification
E) Guarantee

Accepted Answer

Recognizability or distinctiveness is the function of trademarks.

Question 3

When a patent expires, the invention is said to be in the ________, and others may use it without limitation.
A) business environment
B) communal realm
C) collective sphere
D) public domain
E) legal open space

Accepted Answer

When a patent expires, the invention is in the public domain, and others may use it without limitation.

Question 4

Which of the following is actually intended to be used by someone other than the owner?
A) Certification marks
B) Collective marks
C) Service marks
D) Trademarks
E) Brand marks

Accepted Answer

Certification mark is a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services, for example, the Good Housekeeping Seal of Approval.

Question 5

Which of the following is true in case a patent expires?
A) It comes under the purview of the Supreme Court to restrict its use in public.
B) It is in the public domain and others may use it without limitations.
C) It is put aside for someone else to acquire.
D) It will be reviewed and reassigned to the same owner.
E) It will be declared as null and void and the invention will be declared useless.

Accepted Answer

When a patent expires, the invention is in the public domain, and others may use it without limitation.

Question 6

The Nike 'swoosh' is an example of what type of intellectual property?
A) Copyright
B) Patent
C) Certification mark
D) Trademark
E) Novelty

Accepted Answer

Trademarks are a form of intellectual property. Like patents you can register them with the PTO, and also like patents, trademarks are some of the most valuable properties that businesses own. McDonald's golden arches, the Nike "swoosh," Coca-Cola, Sony, Facebook Amazon.com, the Colonel, Exxon, Kodak, Kleenex, the Olympic rings, Rolex, Levi-the list of famous trademarks is almost endless, but always recognizable.

Question 7

Which of the following is true of trademarks?
A) Trademarks are a form of legal and civil property.
B) One can have rights in a trademark only if he/she has registered it.
C) If a trademark is unregistered, it is open for public use.
D) It is firmly associated with an inventive act, and excludes others from making, using or selling the invention.
E) Owners can sue for infringement, and claim rights on a trademark even if they have not registered it.

Accepted Answer

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. One can have rights in an unregistered trademark, and even sue for infringement.

Question 8

For a name to be trademarked:
A) it must be listed on the principal register for five years without being challenged.
B) it must be listed on the secondary register for five years and have acquired a secondary meaning.
C) it must be listed without restrictions and the trademark owner must notify the PTO every year that the trademark is still in use.
D) the PTO will not accept descriptive terms for trademark protection.
E) it must be listed on the principal register for one year and on the secondary register for five years.

Accepted Answer

There is a process by which a name or descriptive term can achieve full trademark status and protection. If it is listed on the PTO's Supplemental Register for five years and acquires a secondary meaning, it can then be transferred to the Principal Register for full protection.

Question 9

Radford School has just been accredited by the United Federation of Planets Academy of Business and Managements Schools. The school is provided with an icon to put on its home page saying "Member of UFPABMS". This icon is a:
A) collective mark.
B) promotion mark.
C) trademark.
D) brand mark.
E) service mark.

Accepted Answer

Collective mark-a mark representing membership in a certain organization or association, for example, the National Football League logo.

Question 10

What is a colored design or shape associated with a product or service called?
A) Patent
B) Trade dress
C) Copyright
D) Trademark
E) Product design

Accepted Answer

Trade dress refers to a color or shape associated with a product or service.

Question 11

Which of the following defenses can an alleged infringer use to prove that the patent is invalid?
A) The invention is nonobvious.
B) The invention has utility.
C) The invention was previously unknown.
D) The invention is obvious.
E) The invention is not patented.

Accepted Answer

An alleged infringer can always defend against an infringement lawsuit by proving that the patent is invalid because the invention is previously known, obvious, or lacks utility.

Question 12

Which of the following is true of trade dress?
A) It refers to the utility and nonobviousness of an invention.
B) It can be protected under law even without a registration.
C) It is not protected from being copied under law since it is not identified with a particular product.
D) The law protects it from being copied as long as it is distinctive.
E) The law protects it only in case of certain products and services.

Accepted Answer

The law protects trade dress from being copied as long as it is distinctive. If it is distinctive and registered, the law protects it even without proof that the public has come to identify the trade dress with a specific source.

Question 13

As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ________ which gives existing mark owners notice and allows for objection.
A) Official Gazette
B) Federal Register
C) Legal section of major newspapers
D) Congressional Record
E) Principal Register

Accepted Answer

As part of the trademark application process, the PTO places a proposed mark in the Official Gazette, which gives existing mark owners notice and allows them to object that the proposed mark is similar to their own.

Question 14

A ________ refers to a public meaning that is different from its meaning as a person's name or as a distinctive term, a public meaning that makes the name or term distinctive.
A) primary meaning
B) secondary meaning
C) trade meaning
D) principal meaning
E) supplemental meaning

Accepted Answer

Secondary meaning refers to a public meaning that is different from its meaning as a person's name or as a descriptive term, a public meaning that makes the name or term distinctive.

Question 15

Which of the following is a defense to a charge of trademark infringement?
A) The statutory period protecting the trademark has expired.
B) There is a good chance of the public being confused.
C) The use is for commercial, profitable use.
D) The mark is not distinctive.
E) The mark or symbol is considerably different.

Accepted Answer

To win a trademark infringement lawsuit, a defendant will usually present one of three basic defenses: (1) the mark is not distinctive, (2) there is little chance of the public's being confused by use of a term trademarked by someone else, or (3) the use is a "fair use."

Question 16

The "one-year rule" applies to _____ law.
A) trademark
B) patent
C) copyright
D) trade secret
E) collective mark

Accepted Answer

Under patent law even if an invention is otherwise new, it fails the novelty test if it has been described in a publication, sold, or put to public use more than one year before a patent application on it is filed (the one-year rule).

Question 17

_____ refers to the ability of an invention to produce surprising or unexpected results; that is, results not anticipated by prior art.
A) Subject matter
B) Nonobviousness
C) Patent litigation
D) Utility
E) Obviousness

Accepted Answer

Nonobviousness refers to the ability of an invention to produce surprising or unexpected results; that is, results not anticipated by prior art.

Question 18

A school's seal and logo are examples of what type of intellectual property?
A) Service marks
B) Certification marks
C) Collective marks
D) Patents
E) Brand marks

Accepted Answer

Service mark is a mark associated with a service, for example, Monster.com.

Question 19

When you purchase an item from Victoria's Secret, they place the item in a paper bag with handles that feature horizontal pink and white stripes. Even without seeing the words Victoria's Secret on the bag, many people recognize that the purchase is from Victoria's Secret. The bag's coloring and design is considered:
A) trade dress.
B) a certification mark.
C) a collective mark.
D) a service mark.
E) a trademark.

Accepted Answer

Trade dress refers to a color or shape associated with a product or service.

Question 20

Unauthorized use of a registered trademark is known as:
A) false advertising.
B) infringement.
C) denigration.
D) depreciation.
E) copy violation.

Accepted Answer

Trademark infringement may involve intentional use of the owner's mark or an accidental design of one's own mark too similarly to another's.

Quiz 11: Intellectual Property

Which of the following is a function of a trademark?

When a patent expires, the invention is said to be in the ________, and others may use it without limitation.

Which of the following is actually intended to be used by someone other than the owner?

Which of the following is true in case a patent expires?

The Nike 'swoosh' is an example of what type of intellectual property?

Which of the following is true of trademarks?

For a name to be trademarked:

Radford School has just been accredited by the United Federation of Planets Academy of Business and Managements Schools. The school is provided with an icon to put on its home page saying "Member of UFPABMS". This icon is a:

What is a colored design or shape associated with a product or service called?

Which of the following defenses can an alleged infringer use to prove that the patent is invalid?

Which of the following is true of trade dress?

As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ________ which gives existing mark owners notice and allows for objection.

A ________ refers to a public meaning that is different from its meaning as a person's name or as a distinctive term, a public meaning that makes the name or term distinctive.

Which of the following is a defense to a charge of trademark infringement?

The "one-year rule" applies to _____ law.

_____ refers to the ability of an invention to produce surprising or unexpected results; that is, results not anticipated by prior art.

A school's seal and logo are examples of what type of intellectual property?

Unauthorized use of a registered trademark is known as: