Intellectual Property Law

Chapter 2 Discussion Questions

1. Classify the following marks as trademarks, service marks, collective marks, or
certification marks.
• CYI (to show that services are provided by certified yoga instructors who
have met certain standards)

• The song Double A–TOOT TOOT–M C O used by AAMCO for its auto
repair services

• COLORSTAY ULTIMATE STAY (for cosmetics)

• ACADEMY OF DENTISTRY INTERNATIONAL (to show membership
in a group for dentists)

• HAAGEN-DAZS for ice cream

2. Discuss whether a company could trademark a neon green color for a line of
running shoes.

3. Could the shape of a cap for a pen that prevents drying out of the ink in the pen be
trademarked?

4. Each year Henderson Co. sells pastel candy eggs under the mark BABY BUNNY
EGGS for the six-week period before Easter. Is the mark “in use” so as to support
a trademark application although the goods offered under the mark are only
offered for a few weeks each year? Discuss.

5. Discuss whether a person could likely obtain a trademark registration for the
following marks for the goods or services indicated, and then discuss the
objections, if any, that the USPTO might raise to registration of the mark.
Mark Goods or Services

NEW MEXICO CHILES Chiles from Illinois

ELEPHANT Insurance services

AUBURN EDGE Hair color and dyes

O’MALLEY Backpacks

COOKIES Cookies

COOKIES Stationery and paper goods

MARTHA STEWART’S HEAVENLY COOKIES Cookies

BISCOTTI Cookies

RED CROSS SWIM SAFETY Swimming lessons and water safety services

JODY’S CHEESE SPREAD Spread not made of cheese

CHEESE SPREAD Prepared cheese spread