Chapter 1: Principle Features of TM Flashcards
1
Q
Protectable subject matter
A
any symbol or device that is capable of identifying the source of goods
2
Q
Primary threshold for protection
A
distinctiveness
3
Q
Principal exclusions from protection
A
functional matter, generic terms
4
Q
How to acquire rights
A
using the mark in commerce
5
Q
Duration
A
as long as the mark is used and is distinctive
6
Q
Required formalities
A
none
7
Q
Form of notice
A
- trademark symbol or “Reg. U.S. Pat. & Tm. Off.” (after registration), OR
- “TM”, or “SM” (before registration)
8
Q
Benefits of complying with optional formalities
A
notice affects remedies
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
10
Q
International protection
A
rights obtained on a country-by-country basis, or through a centralized registration mechanism such as the Madrid Protocol
