Trademark Summary

Question 1

Nature

Answer 1

Commercial identification of source.

Question 2

Types of Trademark

Five Examples

Answer 2

1. Words
2. Symbols
3. Designs
4. Slogans
5. Trade Dress/Packaging

Question 3

Scope (Protection)

Two Aspects

Answer 3

1. Against Creating Likelihood of Confusion, or

2. Diluting a Famous Mark

Question 4

Purpose

Answer 4

Protects Owners and Public from Unfair Competition

Question 5

Obtainment Methods

Two Kinds

Answer 5

1. Use in Commerce

2. Federal Registration

Question 6

Registration Advantages

Two 2-Part Advantages

Answer 6

1. Nationwide Priority & Notice Rights

2. Presumptive Evidence of Validity & Ownership

Question 7

Basis for Registration
Two Requirements (+ 1 if Applicable)

Answer 7

1. Bona Fide Intent to Use in Commerce
2. Actual Use in Commerce
3. Supplemental Foreigner Requirement

Question 8

Duration (1) & Renewals (3 Parts)

Answer 8

Duration: Indefinite (if Used)
Renewal of Registrations:
1. 6 Year Anniversary
2. 10 Year Anniversary
3. Every 10th Year Afterwards

Question 9

Infringement Prerequisites?

Answer 9

No

Registration is Optional

Question 10

Two Infringement Standards*
Standard I: 3 Methods
Standard II: 2 Methods

Answer 10

Confusion = As to Source OR Sponsorship, Likelihood of:

1. Confusion
2. Mistake
3. Source

Dilution:

1. Blurring
2. Tarnishment

Question 11

Notice Requirements?

Answer & Two Part Distinction

Answer 11

Optional for Either

1. Unregistered: TM or SM
2. Registered: ® or Reg. US Pat. & Tm. Off.