Intellectual Property Law

Chapter 2 Internet Resources Solutions

1. Access the USPTO website and select “Search Trademark Database” under the
“Trademarks” section. Use the “Basic Word Mark Search (New User).” Use the
drop-down menu to search for marks by their registration number.

a. Check U.S. Registration No. 2110475. What is the mark? What type of
mark is this?
The mark consists of a bottle. This is a mark for the shape of a
bottle used for hair shampoo and conditioner.

b. Check U.S. Registration No. 3621108. What is this mark? For what
services is the mark used? What “Other Data” is given for this mark?
The mark is RIHANNA, used in connection with musical
sound recordings, tapes, discs, downloadable sound recordings,
and video recordings featuring music, beauty, fashion, and
modeling. The “Other Data” is as follows: “The name(s),
portrait(s), and/or signature(s) shown in the mark identifies a
living individual, whose consent(s) to register is submitted.”

c. Check U.S. Registration No. 3442244. What is this mark? What type of
mark is this? What “Other Data” is given for this mark?
This mark is CERTIFIED GF GLUTEN-FREE. It is a
certification mark. The “Other Data” is as follows: “The
certification mark is used by persons authorized by the
certifier to certify that the products meet Applicant’s standard
for a gluten-free product.”

d. Check U.S. Registration No. 2416794. What is this mark? Who is the
owner? Briefly, what is the description of the mark?
This is a “design only” mark, owned by Tiffany and Company
for its “robin’s egg blue.” It is a color mark.

e. Check U.S. Registration No. 4345897. What is this mark? What goods are
offered under the mark?
The mark is #WINELOVER used in connection with T-shirts.

2. Access the USPTO website and select “See More Trademark Resources.” Select
“TMEP.” Use the index to locate answers to the following questions.

a. Locate the section relating to the use of names of particular living
individuals. Would a mark that consists of less than a full name, such as
PRINCE CHARLES’S MIDNIGHT COLOGNE, require the consent of
the individual?
Yes. To require consent, a name does not have to be a “full
name,” so long as it identifies a specific living individual. If so,
written consent must be obtained.

b. Review the section relating to collective marks. What are the two types of
collective marks?
There are collective trademarks/service marks, and there are
collective membership marks.

3. Use an online database for federal statutes. What federal statute relates to
penalties for unauthorized use of the mark SMOKEY BEAR?
The statute is 18 U.S.C. § 711.