Chapter 1: Principle Features of TM Flashcards

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1
Q

Protectable subject matter

A

any symbol or device that is capable of identifying the source of goods

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2
Q

Primary threshold for protection

A

distinctiveness

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3
Q

Principal exclusions from protection

A

functional matter, generic terms

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4
Q

How to acquire rights

A

using the mark in commerce

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5
Q

Duration

A

as long as the mark is used and is distinctive

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6
Q

Required formalities

A

none

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7
Q

Form of notice

A
  1. trademark symbol or “Reg. U.S. Pat. & Tm. Off.” (after registration), OR
  2. “TM”, or “SM” (before registration)
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8
Q

Benefits of complying with optional formalities

A

notice affects remedies

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9
Q

Scope of principal rights acquired

A

right to stop the unauthorized use of the same or similar mark in ways that are likely to cause consumer confusion

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10
Q

International protection

A

rights obtained on a country-by-country basis, or through a centralized registration mechanism such as the Madrid Protocol

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