Intellectual Property

Test Description: 3

Instructions: Answer all questions to get your test result.

1) All inter partes proceedings are handled by the TTAB.

2) Opposition and cancellation proceedings proceed much like trials.

3) A defendant's good faith in using a mark is a valid defense in a trademark infringement case.

4) Actual confusion is necessary to prove infringement of trademarks

5) Blurring of a trademark usually refers to use of another's mark in some unsavory manner that will harm the reputation of the mark.

6) There is no statute of limitations for an action for trademark infringement.

7) All trademark infringement cases are brought in federal court.

8) A mark published on the Supplemental Register may be opposed in an opposition proceeding.

9) To succeed in a dilution action, one must prove actual dilution.

10) The maximum time for opposing registration of a mark is _________________ days after publication of the mark.

11) The time to oppose a mark is triggered by publication of the mark in_________________

12) The use of a trademark that was originally permissive or acceptable may later become infringement under the doctrine of _________________

13) In defending a trademark infringement case, a defendant may assert that the plaintiff delayed an unreasonable amount of time in bringing the action and this delay prejudiced the defendant. This defense is called?

14) In close cases involving trademark infringement, courts often rule in favor of the senior user. This is called the _________________.

15) The owner of a trademarked product may sell the product to another without infringing the mark, under the _________________ doctrine.

16) Generally, a petition to cancel a mark registered on the Principal Register must be brought within _________________ years of the date of registration of the mark.

17) Generally, key word advertising that uses another's trademark is permissible so long as there is no likelihood of confusion.

18) Two parties may share the same domain name.

19) An Internet gripe site or complaint site is always protected under the First Amendment as free speech.

20) Generally, linking to another's website is permissible.


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