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Intellectual Property
Test Description: 3
Instructions: Answer all questions to get your test result.
1) All inter partes proceedings are handled by the TTAB.
A
T
B
F
2) Opposition and cancellation proceedings proceed much like trials.
A
F
B
T
3) A defendant's good faith in using a mark is a valid defense in a trademark infringement case.
A
F
B
T
4) Actual confusion is necessary to prove infringement of trademarks
A
T
B
F
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.
A
T
B
F
6) There is no statute of limitations for an action for trademark infringement.
A
F
B
T
7) All trademark infringement cases are brought in federal court.
A
F
B
T
8) A mark published on the Supplemental Register may be opposed in an opposition proceeding.
A
T
B
F
9) To succeed in a dilution action, one must prove actual dilution.
A
T
B
F
10) The maximum time for opposing registration of a mark is _________________ days after publication of the mark.
A
60
B
180
C
120
D
30
11) The time to oppose a mark is triggered by publication of the mark in_________________
A
official Gazette
B
official manual
C
recorder
D
newspaper
12) The use of a trademark that was originally permissive or acceptable may later become infringement under the doctrine of _________________
A
paris convention
B
progressive encroachment
C
equivalance
D
Madrid protocol
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?
A
Laches
B
Rule of Doubt
C
Dilution
D
Self Defense
14) In close cases involving trademark infringement, courts often rule in favor of the senior user. This is called the _________________.
A
Rule of Doubt
B
First sale or exhaustion
C
Rule of Presumption
D
Rule of Law
15) The owner of a trademarked product may sell the product to another without infringing the mark, under the _________________ doctrine.
A
Exclusive rights
B
equivalance
C
First sale of exhaustion
D
Madrid
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.
A
10
B
20
C
6
D
5
17) Generally, key word advertising that uses another's trademark is permissible so long as there is no likelihood of confusion.
A
T
B
F
18) Two parties may share the same domain name.
A
F
B
T
19) An Internet gripe site or complaint site is always protected under the First Amendment as free speech.
A
F
B
T
20) Generally, linking to another's website is permissible.
A
T
B
F
*select an answer for all questions
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