Chapter 8 Trademarks, related property and Patents

A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods.

True

Trademark Infringement

A trademark must be sufficiently distinct to enable consumers to identify the manufacturer of the goods easily and to distinguish between those goods and competing products. In this case, it is likely that consumers will confuse ex) the products MochaMerge and MokaMerge.

Unless a trade name is used as a trademark or service mark, it cannot be registered with the federal government.

true

Silverado Foods, Inc., wishes to obtain trademark protection for a product it sells that it has named Salad Dressing, but will probably be unable to do so because the phrase is generic. A color scheme can never qualify for trademark protection.

true False

A chain of organic fast food restaurants uses the same distinctive colors, furniture, labels, logos, and employee uniforms. This unique ambiance is known as trade dress, which is NOT, however, as good as trademark protection.

false

Collective Mark

is a mark used by members of a cooperative, association, or other organization to certify the region, materials, mode of manufacture, quality, or accuracy of the specific goods or services.

Certification Mark

is a mark used by one or more persons, other than the owners, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's goods or services. e.g. "good Housekeeping Seal of Approval" or "UL Tested"

Service Mark

is a mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others.

Patent infringement

is if a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, that firm commits the *tort* of patent infringement.

Trade dress

is subject to the same protection as trademarks. A major consideration in trade dress infringement cases is whether consumers are likely to be confused by the allegedly infringing use

Which example in the following list is unrelated to the concept of intellectual property.

land

To be patentable, an invention, discovery, process, or design must be:

novel, useful, and not obvious

Under the Trademark Dilution Revision Act, to state a claim for trademark dilution, a plaintiff must prove that:

1. The plaintiff owns a famous mark that is distinctive. 2. The defendant has begun using a mark in commerce that allegedly is diluting the famous mark. 3. The similarity between the defendant's mark and the famous mark gives a rise to an association between the marks. 4. The association is likely to impair the distinctiveness of the famous mark or harm its reputation.

a patent lasts for__ years

20

The most important statutory protection for trademarks is the

Lanham Act

Subsequent to the America Invents Act (2011), the first person to file a patent application receives patent protection.

True, since its difficult to prove who invented an item first, Congress changed the system in 2011 by passing the American Invents Act that the first person to file an application for a patent will receive patent protection. (period of patent protection begins of the date the patent app if filed rather than when its issued which may be years later. after expires it enters into public domain.

Pierre has a radio show in the evening that he calls "Pierre in the PM" and he uses that label in print ads. Pierre most likely can register "Pierre in the PM" as a

service mark