Intellectual Property Law

Chapter 4 Discussion Questions

1. Discuss whether the following would be an acceptable identification of goods:
“golf accessories, golf sleeves for clubs, golf tees, golf ball markers, and the like.”

2. Describe an appropriate specimen for applications for the following marks:

• LEADER (for t-shirts and hats)

• OASIS (for day spa services)

• PURE FARM GREEN (for apples)

3. After Emma Harris filed her trademark application for HEART BY CITY GIRL
for her clothing line, consisting of sweaters and mittens, the USPTO refused
registration on the basis of a preexisting mark for athletic wear, including hoodies
and caps, for CORAZON BY CHICA. Discuss whether you think the marks are
confusingly similar.

4. The mark EYE PACK for moisturizing lotions was published in the Official
Gazette on April 14. Discuss the deadlines applicable to this mark if a client
wishes to oppose registration.

5. On August 15, 2015, the USPTO issued a notice of allowance for the mark
JEWELS BY CHOICE, filed as an intent-to-use application. Give all dates
applicable to this mark (for filing a statement of use or extension for such).

6. Your client has a trademark registration for CRUNCH TIME PEANUTS (with
the word “Peanut” disclaimed) for snack foods with peanuts. The client has
observed that the marks MUNCH TIME PEANUTS (with the word “Peanut”
disclaimed) and HAPPY HOUR PEANUTS (with the word “Peanut” disclaimed),
both for snack foods with peanuts, have been published in the Official Gazette.
Discuss whether you believe the marks are confusingly similar such that the later
applications should be opposed.