True/False
Indicate whether the
statement is true or false.
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1.
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The terms “trademark” and
“service mark” are synonymous.
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2.
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Certification marks are used by their owners to
indicate that goods are of a certain quality or from a certain region.
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3.
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To file a trademark application, one must show
actual use of a mark.
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4.
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Even token use of a mark is sufficient to secure a
trademark registration.
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5.
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For a trademark to be valid, it must be registered
with the USPTO.
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6.
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A generic term such as “BUTTER” (used
in connection with butter) can never be registered as a trademark.
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7.
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Once a corporation is given permission by a
secretary of state to use that corporate name, it will be able to obtain a trademark registration for
that name.
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8.
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The French term “pain” (meaning
“bread”) would be registrable for bread.
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9.
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A single color can be registered as a
trademark.
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10.
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Hashtags can never be registered as
trademarks.
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Essay
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11.
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Identify the two functions of a
trademark.
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12.
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The value inherent in achieving consumer loyalty to
a product or service offered under a mark through consistent loyalty of goods and services offered
under a mark is called ______.
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13.
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Identify the four different types of
trademarks.
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14.
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Explain how you would acquire trademark rights in a
mark such that you could file a trademark application for it.
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15.
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Explain the benefit of an intent-to-use
application.
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16.
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A party who is using a trademark without having
registered it is said to have ______ rights to the mark.
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17.
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Identify at least two benefits to obtaining a
trademark registration.
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18.
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Some trademarks are stronger than others. Identify
the five categories of marks, beginning with the weakest and ending with the strongest.
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19.
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What is the biggest difference between descriptive
and suggestive marks (with respect to obtaining a trademark registration for such
marks)?
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20.
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Discuss whether you would be able to obtain a
trademark registration for SHENANDOAH VALLEY CABERNET if the product is not from that
area.
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21.
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Discuss whether you would be able to obtain a
registration for LEATHERTOTE for suitcases made of plastic.
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22.
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The overall look and concept of a product is called
its ______.
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23.
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The federal statute that governs trademarks is
called ______.
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24.
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Describe whether you would be able to obtain a trademark registration for the
color green or the color magenta for a plant fertilizer.
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