Trademarks

Question 1

Lanham Act

Answer 1

defines a trademark as a mark used in commerce, or registered with a bona fide intent to use it in commerce

Question 2

Interstate commerce

Answer 2

general term for transacting or transportation of products, services, or money across state borders

Question 3

Classifications

Answer 3

USPTO trademark classification system divides all goods and services into 45 trademark classes – 34 for goods and 11 for services

Question 4

First to use

Answer 4

date of first use anywhere is the date when (1) the goods were first sold or transported, or the services were first rendered, under the mark, and (2) such use was bona fide and in the ordinary course of trade

Question 5

America Invents Act

Answer 5

provides fee setting authority for the Patent and Trademark Office Director to ensure the PTO is properly funded and can reduce the backlog of patent applications

Question 6

Novel and non-obvious

Answer 6

there must not have been any instance of an existing patent, published documents, or public use of your invention before a patent application related to the invention was filed

Question 7

Provisional patent application

Answer 7

allows you to file without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement

Question 8

First to file

Answer 8

right to the grant of a patent for a given invention lies with the first person to file a patent application for protection of that invention, regardless of the date of actual invention

Question 9

Right of publicity

Answer 9

prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona

Question 10

Legal domicile

Answer 10

the place where a person has physically lived, regards as home, and intends to return even if currently residing elsewhere

Question 11

Defamation

Answer 11

statement that injures a third party’s reputation; includes both libel (written statements) and slander (spoken statements)

Question 12

First amendment

Answer 12

right to free speech

Question 13

NYT vs. Sullivan

Answer 13

landmark US Supreme Court case holding that First Amendment freedom of speech protections limit the ability of public officials to sue for defamation

Question 14

Public figure test

Answer 14

individual who has assumed roles of especial prominence in the affairs of a society or thrust themselves into the forefront of particular public controversies to influence the resolution of the issues involved