True/False
Indicate whether the
statement is true or false.
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1.
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Only U.S. citizens may apply for trademark
registration with the USPTO.
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2.
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Any trademark registration issued by the USPTO
must be preceded by actual use of the mark that is the subject of the registration, whether the
applicant is a U.S. citizen or is basing its application on a foreign registration.
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3.
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Every requirement imposed on U.S. trademark
applicants is also imposed on applicants who base their U.S. applications on foreign applications or
registrations.
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4.
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Once issued, a U.S. trademark registration
exists independently of its underlying foreign application or registration and is thus subject to all
provisions of the Lanham Act that apply to other registrations, such as trademark maintenance
requirements.
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5.
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Most U.S. law firms rely on their foreign
associates to conduct searches of foreign records when their clients desire trademark protection in
foreign countries.
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6.
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The Community Trademark System is used primarily
by countries in South America.
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7.
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Under TRIPs, failure to use a trademark for five
years results in a presumption of abandonment.
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8.
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WIPO administers several intellectual property
law treaties.
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9.
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Trademark applications filed with the USPTO and
based on foreign registrations are published in the Official Gazette.
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Essay
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10.
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ABC Inc., an Italian corporation, obtained a
trademark for its pasta products in Italy. Is the United States obligated to register the trademark
in the United States? Discuss.
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11.
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The ____________ is an international treaty that
allows a trademark owner to seek registration in any of the more than 70 countries that are members
by filing a single application.
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12.
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ABC Inc., a U.S. corporation, has filed an
application for its trademark in the USPTO on April 1. If ABC files an application for the mark in
France on July 1 of the same year, what is its effective filing date in France? Why? What treaty
governs your answer?
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13.
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ABC Inc., a U.S. corporation, has filed an
application for its trademark with the USPTO on April 1. If ABC files an application for the mark on
November 1 of the same year, what is its effective filing date in France? Why?
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14.
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In what way do foreign applicants receive more
favorable treatment than U.S. trademark applicants?
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15.
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Are U.S. trademark registrations that are based
on foreign registrations subject to U.S. requirements relating to maintenance of trademark
registrations? Discuss.
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16.
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What does it mean to say that the Paris
Convention is based on the principle of national treatment or reciprocity?
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17.
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U.S. law firms that work with foreign attorneys
and other professionals in other countries generally refer to these attorneys as
________________.
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18.
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In what way does licensing a trademark in
foreign countries differ from licensing a trademark in the United States?
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19.
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What does it mean to say that the European
Community Trademark system is an “all or nothing” system?
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20.
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What is the advantage of the Madrid Protocol for
trademark owners?
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21.
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ABC Inc. plans to offer two wines produced in
the State of Washington and offered under the marks NAPA VALLEY DREAM and OAK BARREL RED. Are these
marks permissible? Discuss. What international agreement governs your answer?
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22.
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Under TRIPs, nonuse of a trademark for
__________ years creates a presumption that the mark has been abandoned.
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23.
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The international association made up of
trademark practitioners from around the world is __________.
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