Please I Need This Tomorrow

1. Trademarks protect:

Choose One • 7 points

• New and innovative inventions
• Names, symbols or other devices that identify the source of a product or service

2. A trademark owner has the right to:

Choose One • 7 points

• Prevent others from selling competing services under a different name
• Prevent others from using confusingly similar marks on related goods or services

3. To enjoy the strongest legal protection, a trademark should be:

Choose One • 7 points

• Fanciful or Invented
• Descriptive

4. The weakest legal protection is a descriptive mark. It can only be registered if:

Choose One • 7 points

• Marketplace exposure leads consumers to associate the mark exclusively with the owner as the source of goods or services and you prevent others from using the term as a trademark
• You pay a higher fee to the USPTO

5. Which of the following CANNOT be protected under trademark law?

Choose One • 7 points

• Generic terms, marks that are confusingly similar to existing trademarks, functional features
• Product packaging, color marks, sound marks

6. Distinctive packaging or presentation of a brand falls under the trademark category of:

Choose One • 7 points

• Trade dress
• Slogan

7. Trademark rights last:

Choose One • 7 points

• Forever, beginning with the moment a person thinks up the mark
• As long as the mark is used on products in commerce

8. A trademark search should be done before investing large amounts of money into building goodwill for a new product.

Choose One • 7 points

• True, because the search will reveal whether there are pre-existing registered or unregistered trademarks that might pose a litigation risk
• False, because as long as the owner has never heard of another competitor using the mark, it should be safe to use use without checking into it further

9. Two owners of trademarks…

Choose One • 7 points

… that are similar can sign a co-existence agreement that the USPTO will honor as long as the mark owners prove they are taking steps to ensure no likelihood of confusion in the marketplace.

• True
• False, this is never allowed

10. A product marketed in the United States can show the ® indicating trademark registration only if its registration has been approved by the USPTO.

Choose One • 7 points

• True because the R indicates government approval.
• False. Any mark owner can use the circled R to indicate a trademark.

11. Each state has its own trademark registration system.

Choose One • 6 points

• True
• False

12. Use the following symbol when a trademark is NOT registered with the USPTO:

Choose One • 6 points

• ®
• TM or SM

13. Copying someone else’s trademark to use on similar goods or services is known as:

Choose One • 6 points

• Good business practice
• Infringement or counterfeiting

14. It’s easier to use trademark protection to stop someone from using a similar mark on:

Choose One • 6 points

• Unrelated products and services
• Competitive products and services

15. 15. Which of the following CANNOT function as a trademark?

Choose One • 6 points

• Color
• Phrase
• Usefulness/function
• Graphic design