True/False
Indicate whether the
statement is true or false.
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1.
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If there is any change in a mark after it is registered, the USPTO will not
accept a Declaration of Use for the mark and will insist that a new trademark application be filed
for this new mark.
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2.
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If a trademark owner does not file an affidavit of incontestability for its mark
after five years of use, the registration for the mark will be cancelled.
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3.
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Only marks registered on the Principal Register can become incontestable.
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4.
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A specimen showing use of the mark is not required to renew a trademark registration.
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5.
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If a trademark is not in use, its owner may present evidence to the USPTO that
its nonuse was excusable.
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6.
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Abandonment of a mark causes a loss of all rights to a trademark.
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7.
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A trademark owner has an absolute right to prohibit any and all uses of its
marks.
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8.
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A pending intent-to-use application may be assigned to another so long as there is valuable consideration.
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9.
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If a trademark is assigned, the assignment must be recorded at the USPTO.
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10.
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Trademark license agreements may be written or
oral.
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11.
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If a trademark owner files a petition in bankruptcy, its trademarks are
generally considered the property of the bankrupt estate and may be sold to satisfy the bankrupt
trademark owner’s debts.
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Essay
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12.
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Assume that a trademark is registered December 1, 2016. Identify the names of
all documents and give all dates to maintain the registration in force.
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13.
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What is a grace period?
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14.
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Briefly describe the advantage to a registrant of filing an affidavit of
incontestability.
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15.
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Assume that a mark is registered in I.C. 1, 2, and 3. The Declaration of Use for
the mark shows use in I.C. 1 and 2. What happens with respect to the mark for I.C. 3?
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16.
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Registrant ABC Inc. changes its corporate name to XYZ Corp. Why should the USPTO
be informed of this name change?
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17.
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After five years of continuous use of a mark, its owner may file a[n]
______ to preclude various challenges to the mark.
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18.
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Discuss the effect on a mark if no renewal documents are filed to maintain
it.
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19.
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Nonuse of a mark for __________ is prima facie evidence of abandonment.
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20.
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What is the danger to a trademark owner if consumers use the mark as follows:
“I’ll be getting a Starbucks this afternoon after work.”
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21.
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ABC has not used its mark for a few years because consumers prefer a different
product offered by a competitor of ABC. Discuss whether this is excusable nonuse such that the USPTO
would accept a Declaration of Use/Nonuse for the mark.
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22.
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XYZ is a yacht maker and has not sold a yacht under its mark SAILSHIP in three
years (which is often typical in this industry). Would such nonuse of the mark be an abandonment of
the mark? Discuss.
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23.
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Any trademark assignment must recite that the ______ symbolized by the mark is
assigned with it.
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24.
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What does it mean to say a trademark has been assigned “in gross”?
What is the effect of such an assignment?
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25.
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Why should one record an assignment at the USPTO?
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26.
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Why are intent-to-use trademark applications seldom assignable?
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27.
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When a trademark owner allows another to use its marks, such an arrangement is
called a ______.
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28.
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What does it mean to say that a trademark license is “naked,” and
what is the effect of a naked license?
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29.
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What is the difference between an exclusive and a nonexclusive license?
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30.
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Periodic fees paid by licensees to use another party’s trademarks are
called ______.
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31.
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Why do parties to license agreements typically not record the agreements with
the USPTO?
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32.
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When would a party pledge its trademarks as collateral?
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