Chapter 11 BLS exam review

In the context of patentable subject matter, which of the following characteristics about an invention indicates that something is new and different from the prior art? novelty nonobviousness tarnishment utility preemption

novelty

A school's seal and logo are examples of which type of intellectual property? patents certification marks brand marks service marks collective marks

service marks

Innocently acquiring a secret from another without knowledge of their theft is generally misappropriation. False True

False

The Coca Cola logo would be considered a service mark. True False

False

Civil violation of a trademark or a patent is termed ______. infringement repudiation injunction copy breach

infringement

A patent is a legal monopoly in copying and marketing a new invention. True False

False

According to the Lanham Act of 1946, which of the following is a mark representing membership in a certain organization or association? service mark secondary mark collective mark certification mark product mark

Collective mark

Which of the following is true in case a patent expires? It will be reviewed and reassigned to the same owner. It will be declared as null and void and the invention will be declared useless. It is put aside for someone else to acquire. It is in the public domain and others may use it without limitations. It comes under the purview of the Supreme Court to restrict its use in public.

It is in the public domain and others may use it without limitations.

The fair use of a registered trademark defense was established in the ______. Sarbanes-Oxley Act Economic Espionage Act Lanham Act Federal Trademark Dilution Act Consumer Protection Act

Lanham Act

Which of the following has been adopted by most states and provides a foundation for trade secret law? Anti-Piracy Act Uniform Trade Secrets Act Lanham Act Defend Trade Secrets Act

Uniform Trade Secrets Act

Which of the following accurately describes patents? An original and ornamental design for article of manufacture will be governed by a utility patent. Non-obvious and useful processes and machines will be governed by design patents. Patents are created for an indefinite period of time. The Venetian Patent Act of 1474 is a source for many principles of modern patent law.

The Venetian Patent Act of 1474 is a source for many principles of modern patent law.

Which of the following is a defense to a charge of trademark infringement? The use is a "fair use." The mark is distinctive. There is a good chance of the public being confused. The mark or symbol is considerably different. The statutory period protecting the trademark has expired.

The use is a "fair use."

When you purchase an item from Globus Corp., they place the item in a paper bag with handles and vertical yellow, blue, and white stripes. Even without seeing the words "Globus Corp." on the bag, many people recognize that the purchase is from Globus. The bag's coloring and design is considered its ______. trademark service mark certification mark collective mark trade dress

Trade dress

In the context of intellectual property, the Facebook "f" and Burger King's crown would be called __________. trademarks copyrights trade secrets plant patents design patents

Trademarks

Although various state laws make intentional trade secret misappropriation a crime, most criminal prosecutions today take place under the federal Economic Espionage Act (EEA). True False

True

An injunction is an order by a judge either to do something or to refrain from doing something. False True

True

Companies can be considered authors under copyright law. True False

True

Even if the original acquisition was proper, misappropriation can occur if information is disclosed by someone who was under a duty to keep it secret. True False

True

The courts can declare a trademark invalid even if the U.S. Patent and Trademark Office has accepted registration. True False

True

The justification for intellectual property is the same as for the private property system. True False

True

The protections of property often do not apply automatically to ownership of intangible knowledge resources that are created. True False

True

To protect information as a trade secret, the information must actually be secret, and the business must take reasonable measures to keep it so. True False

True

To qualify as a trade secret, any form of knowledge protected must have economic value. True False

True

Which of the following statements is true of patent enforcement? Usually multiple intellectual property rights can cover the same article. Beyond the duration of a patent, the owner can sue those who infringe on it. Upon the expiration of a patent, an invention is removed from the public domain. Patent laws include the right to use the invention.

Usually multiple intellectual property rights can cover the same article

What is the definition of a trade secret? a statutorily created property in a mark, word, picture, or design that attaches to goods and indicates their source. any formula, pattern, machine, or process of manufacturing used in one's business that may give the user to obtain an advantage over its competitors. a legal doctrine giving someone of a distinctive overall appearance or look and feel of a product or service. a statutorily created property right in inventions and discoveries.

any formula, pattern, machine, or process of manufacturing used in one's business that may give the user to obtain an advantage over its competitors.