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                                 This is a multiple choice answer Q &A…..

1. Trademarks protect:
Choose One • 7 points

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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

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