True/False
Indicate whether the
statement is true or false.
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1.
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One may use the USPTO databases to determine if a mark has been the subject of proceedings at the Trademark Trial and Appeal
Board.
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2.
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Every trademark search should cover not only all U.S. sources but international sources as well.
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3.
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Paralegals often conduct preliminary trademark
searches.
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4.
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A trademark search can provide information as to how the USPTO handled and
reviewed trademark applications for marks similar to that being searched.
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5.
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A trademark search will uncover every possibly conflicting mark.
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6.
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Paralegals can sign a letter to a client analyzing the results of a trademark
search and recommending options for a client.
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7.
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Law firms can predict with near certainty that a trademark application will be
successful at the USPTO.
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8.
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The U.S. Trademark Act requires that trademark applicants perform a trademark
search before applying for federal registration for a mark.
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Essay
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9.
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If a search discloses a cancelled registration for a conflicting mark, why
should this cancelled mark be investigated?
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10.
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A client wishes to use CLARA’S CHICKEN COOP for restaurant services. A
search discloses registrations for CHRIS’S CHICKEN HUTCH and CLARK’S CHICKEN HOUSE, both
for restaurant services. Discuss whether you think these two registrations might “block”
an application for CLARA’S CHICKEN COOP.
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11.
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What is the effect in a later infringement action of a failure to conduct a
trademark search?
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12.
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If a trademark search by a potential trademark applicant discloses a possibly
conflicting mark, what avenues can be followed by the potential applicant?
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13.
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What does it mean to say that a field is “crowded” with
marks?
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14.
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If ABC Inc. intends to use a mark for a two-week back-to-school sale, what type
of search should be conducted? Discuss.
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15.
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Briefly describe the two types of trademark searches conducted before an
application is filed with the USPTO.
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16.
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Why do most trademark professionals use the services of professional search
firms?
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