Intellectual Property Law

Chapter 5 Discussion Questions

1. Hanover Inc., the owner of the registered mark PAPER DOLLS, recently merged
into Strong Construction, Inc., with Strong acquiring all of Hanover’s assets. Can
Strong file the documents due in two months to renew PAPER DOLLS? Discuss.

2. The Chief Executive Officer of WRP Inc. stated three years ago that the company
was struggling financially. He also stated that the company was suspending use of
its registered mark TIP TOUCH because the company did not have the ability to
market the products offered under the mark. He also stated that if the company
could find funding or obtain a bank loan to make the products offered under TIP
TOUCH it would once again use the mark. Discuss whether TIP TOUCH has
been abandoned.

3. In 2011 Harris Inc. registered the mark DUET-PEN. Over the years, Harris has
begun showing the mark as DUET PEN.

a. Discuss whether the USPTO is likely to accept an Affidavit of Use
showing use of the mark as DUET PEN.

b. Would your answer be different if Harris had begun showing the mark as
DUO PEN?

4. The mark QUICK CLIP was registered on April 14, 2016. Give the earliest and
latest dates that its Section 8 affidavits of use and Section 9 application for
renewal may be filed.

5. Indicate which of the following is a correct or incorrect use of a trademark:

• I love Yoplait yogurt.

• Give me another Starbucks.

• I need a new pair of Reeboks.

• I’ll be giving out Dove ice cream bars at the picnic.

• I’m buying my niece a Malibu Barbie.