Trademarks

Question 1

A __________ is a brand name.

Answer 1

trademark

Question 2

A ___________ or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

Answer 2

trademark

Question 3

Protect consumers from being deceived into purchasing shoddy goods or services
Provide an incentive for the trademark owner to produce quality goods or services by ensuring that the goodwill behind the mark is protected

Answer 3

Purpose of Trademarks

Question 4

(1) Distinctiveness
Must distinguish the goods or services offered
Secondary meaning
Some marks are more distinctive than others
(2) Non-functionality
Functional features are protected by patent law, and not trademark law

Answer 4

Elements of Trademark

Question 5

Must distinguish the goods or services offered
Secondary meaning
Some marks are more distinctive than others

Answer 5

Distinctiveness

Question 6

Functional features are protected by patent law, and not trademark law

Answer 6

Non-functionality

Question 7

The senior user has a valid and enforceable trademark with priority over the junior user’s claim to the mark, and
The junior user’s use of the mark in connection with goods or services is likely to cause confusion or to deceive consumers.

Answer 7

Trademark Infringement