True/False
Indicate whether the
statement is true or false.
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1.
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Fees for filing a trademark application using paper are more expensive than using the USPTO’s electronic system to file an
application.
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2.
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A trademark application that identifies “all goods in I.C. 16” would
be acceptable.
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3.
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Advertising materials and brochures are not acceptable specimens to show use of a mark for wallets.
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4.
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Any mark that cannot be registered on the Principal Register can be registered on the Supplemental Register.
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5.
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Trademark applicants have a duty to inquire about the status of their trademark applications.
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6.
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Any member of the public may view any documents filed in connection with anyone’s trademark application.
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7.
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Examination of a trademark application is a highly predictable stage of the trademark application process.
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8.
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If a mark has been in continuous use for three years, such shows that the mark has acquired distinctiveness.
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9.
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If there is doubt whether there is a likelihood of confusion between a mark in
an application and a prior mark, doubt is resolved against the newcomer.
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10.
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If a trademark application is abandoned due to an applicant’s failure to
respond to an office action, the application may usually be revived if the delay in responding to the office action was unintentional.
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11.
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The maximum period of time to file an opposition to a mark in a trademark
application is 180 days from the date of publication in the Official
Gazette.
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12.
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An intent-to-use application cannot proceed to registration until actual use of the mark in commerce has been shown.
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13.
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An intent-to-use applicant must file a specimen when the Statement of Use is filed.
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14.
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Any trademark applicant may use the registration symbol (®) once an application for the mark is
filed.
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15.
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If color is not claimed as a feature of the mark in a trademark application,
the mark may be displayed in any color.
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Essay
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16.
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The process of moving a trademark application
through the USPTO, from filing until registration, is called ______.
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17.
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Will the USPTO accept the following identification
of goods: “Women’s clothing, including slacks”? Discuss.
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18.
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Trademark applicants must provide ______
specimen(s) showing how the mark is seen by the public.
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19.
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Identify the two registers on which marks are
registered at the USPTO.
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20.
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Identify two distinctions between registration on
the two registers of the USPTO.
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21.
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Assume that Paul files an intent-to-use application with the USPTO on February
1, 2016. Paul uses the mark on August 1, 2016, and obtains a registration for the mark on November 1,
2016. For purposes of determining priority of use in a later dispute with another person or entity,
what date is used for Paul’s mark? Discuss.
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22.
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Rachel files a trademark application in the United
States on November 15, 2016. What is the advantage to Rachel of filing her trademark application in
Germany by May 15, 2017?
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23.
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The name of the treaty that provides a right of
priority for trademark applications is ______.
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24.
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Why are fees for trademark applications that are
filed electronically lower than those for paper applications?
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25.
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To simplify making payments to the USPTO, many
applicants establish a ______ with the USPTO, against which funds due to the USPTO may be
drawn.
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26.
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The individuals at the USPTO who examine trademark
applications and determine if marks should be registered are ______.
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27.
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What is the purpose of publication of a trademark
in the Official Gazette?
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28.
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If the USPTO objects to a trademark application or
finds defects in the application, it will issue a[n] ______ to the applicant,
explaining such objections.
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29.
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Applicants usually have ______ to respond to
substantive defects in or objections made to a trademark application by the USPTO.
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30.
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Assume the USPTO has refused registration of a mark
on the basis that it is descriptive. In what ways might the applicant demonstrate that the mark has
acquired descriptiveness? Discuss.
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31.
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Why does the USPTO generally accept a consent
agreement between the owners of two marks by which they agree that their marks can
coexist?
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32.
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A Notice of Opposition or a Request for Extension of Time to Oppose a Mark must
be filed with the Trademark Trial and Appeal Board within ______ of publication of the mark in
the Official Gazette.
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33.
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If a Notice of Allowance for an intent-to-use
application is issued on June 10, 2016, what is the maximum length of time that the applicant has to
commence use of the mark (give the date).
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34.
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How would one go about monitoring the progress of a
trademark application at the USPTO?
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35.
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Once a mark is registered at the USPTO, its owner
is called ______.
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36.
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If an applicant disclaims the word
“cleaner” in a trademark application for WONDER WINDOW CLEANER, what does this
mean?
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37.
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Members of the public who wish to comment on a pending application or bring to
the USPTO’s attention any matter that reflects on the registrability of a mark may file a
______ with the USPTO.
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38.
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Assume that notices of allowance are issued for both a use-based application and
an intent-to-use application on June 1, 2016. Describe the next steps that occur for each type of
application.
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