fin 240 kaplowitz worksheet 8.1: trademarks and related property and patents

A patent for an invention lasts for _____ years.

20

Service mark

a mark used in the sale or advertising of services to distinguish the services of one person from another

A color scheme can never qualify for trademark protection.

false

Infringement of a trademark requires intent to infringe, as well as federal registration.

false

It is legal to make counterfeit labels and ship them overseas because those labels are not affixed to goods.

false

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

true

Collective mark

a mark used by members of an association or labor union to certify the region, materials, mode of manufacture, quality, or accuracy of the goods or services

Certification mark

a mark used by one or more persons to certify that regional origin, quality, or accuracy of a good or service

Under the Trademark Dilution Revision Act, a plaintiff must prove that the plaintiff owns a _____ mark that is distinctive; the defendant has begun using a mark that is _____ the famous mark; the similarity between the defendant's mark and the famous mark gives rise to an _____ between the marks; and this is likely to _____ the distinctiveness of the famous mark or result in harm to its _____.

famous, diluting, association, impair, reputation

The most strongly protected type of mark is labeled as:

fanciful and arbitrary

A mark may be registered as a trademark with the federal government if it meets one of two criteria. Select the two correct criteria.

if it currently is being used in commerce, if it is intended to be in use in commerce within six months

The most important statutory protection for trademarks is the:

lanham act

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

novel, useful, and not obvious

Patent infringement is a _____. It is committed when one uses, makes, or _____ another's patented design, product, or process without the patent owner's _____. This is true even if the patented product is not yet put into _____.

tort, sells, permission, commerce

The distinctive color, furniture, labels, logos and employee uniforms that might be used by a company are known as its:

trade dress

A trade name may be protected under trademark law and may be registered with the federal government so long as it is also used as a trademark or service mark.

true

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

true