Intellectual Property Question Preview (ID: 16884)


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An application for registration of a trademark may be based either on actual use of a mark or on one's bona fide intent to use the mark.
a) T
b) F
c)
d)

To be federally registable, a mark must be in interstate commerce .
a) T
b) F
c)
d)

Patents exist only upon issuance by the U.S patent and trademark office.
a) T
b) F
c)
d)

Trademark rights arise only upon issuance of a trademark registration certificate from the USPTO.
a) T
b) F
c)
d)

All forms of intellectual property are governed by extensive federal statutes.
a) T
b) F
c)
d)

Trade secrets can last forever if they are properly protected.
a) T
b) F
c)
d)

Just as trademark rights can arise from use of a mark (without the need for federal registration), so can patent rights.
a) T
b) F
c)
d)

Most trademark and patent applications are filed electronically.
a) T
b) F
c)
d)

All forms of intellectual property must be protected by registration with a federal agency or they cannot be protected.
a) T
b) F
c)
d)

Copyright protection is available only for serious works of literature.
a) T
b) F
c)
d)

A descriptive mark can be registered with the USPTO only on proof that it has acquired secondary meaning.
a) T
b) F
c)
d)

Any shape or configuration may be registrable as a trademark.
a) T
b) F
c)
d)

A fragrance or color may be registrable as a trademark.
a) T
b) F
c)
d)

Some marks (e.g., SMOKEY BEAR0 are protected by special federal statutes.
a) T
b) f
c)
d)

There is no requirement that one file an application with the USPTO .
a) T
b) F
c)
d)

American Occupational therapists Association (to show membership in an organization).
a) trademark
b) service mark
c) collective mark
d) certification mark

American Airlines (for transportation services)
a) trademark
b) servicemark
c) collective mark
d) certification mark

Nestle Crunch (for candy bars)
a) trademark
b) service mark
c) collective mark
d) certification mark

Wisconsin Cheese (for cheeses originating in Wisconsin)
a) Trademark
b) service mark
c) collective mark
d) certification mark

Colors and shapes may be registrable as trademarks if they are not.
a) orginal
b) functional
c) suggestive
d) fun

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