Week 5 Flashcards
Trademarks. Exclusive rights conferred by registration. Exhaustion of the rights conferred by trade mark. Trademark infringement. Enforcement possibilities. Remedies.
True or False ?
The owner of a registered trademark has the exclusive right to use it in the course of trade
True
True or False ?
The most common use of a trademark is the use of the mark on the goods sold under the trademark, and the subsequent sales of such branded goods.
True
True or False ?
The right of use means the right of the owner of the mark to affix it on goods, containers, labels, etc. or to use it in any other way in relation to the goods for which it is registered, the right to introduce the goods to the market under the trade mark as well as the right to use his mark in advertising, on business papers, etc.
True
True or False ?
The right of use means the right of the owner of the mark to affix it on goods, containers, labels, etc. and the right to introduce the goods to the market under the trade mark.
False
True or False ?
Goods and/or services have to be considered similar:
Always if they fall in the same Nice class.
False
True or False ?
Goods and/or services have to be considered similar:
The consuming public would be likely to believe that they came from the same source.
True
True or False ?
Goods and/or services have to be considered similar:
Never if the fall in different Nice classes.
False
True or False ?
Goods and/or services have to be considered similar:
Always if they fall in the same Nice class and the trademarks to be compared are identical.
False
True or False ?
The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from:
Using a trademark that is identical with his prior trademark.
False
True or False ?
The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from:
Registering a trademark that is identical or confusingly similar with his prior trademark.
False
True or False ?
The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from:
Using and registering a trademark that is identical or confusingly similar with his prior trademark for any goods and services
False
True or False ?
The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from:
This was the correct answer
Using and registering a trademark that is identical or confusingly similar with his prior trademark for identical or similar goods and services.
True
True or false? A well-known trademark obtains a wider protection for the mere fact of being well-known. It is not necessary to consider the extent of reputation of the mark, the type of goods for which it is used by the infringer, the manner in which he presents his goods.
False
True or false? The following are items to be considered at deciding whether a trademark is well known: the degree of knowledge or recognition of the mark in the relevant sector of the public; duration, extent and geographical area of promotion and use of the mark.
True
True or false? Well-known or famous marks, which are highly reputed, are given protection that goes beyond the scope of similarity of the goods in most countries.
True
True or false? Broader protection is granted always and not only if the use of a sign without due cause by a third party would take unfair advantage to the distinctive character or the reputation of the trademark.
False
True or False ?
The principle of exhaustion of trademark rights means that, when the trade mark owner has launched a product on the market under his mark, he cannot object to further sales of the product in the course of trade
True
True or False ?
The principle of exhaustion of trademark rights applies only to the right to launch the product bearing the trade mark on the market for the first time.
True
True or False ?
Through a license agreement, the trademark owner retains ownership of his trademark and merely agrees to its use by a given licensor. The licensor may therefore not be prevented from retaining some degree of control over the licensee to guarantee that a certain quality of the goods is maintained.
True
True or False ?
Trademark licenses cannot be combined with licenses for other intellectual property, agreements to provide technical assistance, or other business arrangements.
False
True or False ?
«Counterfeiting» occurs when in case of use of an identical or undistinguishable trade mark, typically for goods which are themselves replicating those of the TM owner.
True
True or False ?
«Counterfeiting» occurs when in case of use of an identical mark, typically for goods which are themselves replicating those of the TM owner.
False
True or False ?
«Counterfeiting» occurs when in case of use of an identical or similar trade mark, typically for goods which are themselves replicating those of the TM owner.
False
True or False ?
«Counterfeiting» occurs when in case of use of an identical, undistinguishable or similar trade mark, typically for goods which are themselves replicating those of the TM owner.
False
True or False ?
In case of infringement or counterfeiting the trademark owner may seek:
Only civil remedies.
False
True or False ?
In case of infringement or counterfeiting the trademark owner may seek:
Civil and criminal remedies.
False
True or False ?
In case of infringement or counterfeiting the trademark owner may seek:
Civil and administrative remedies.
False
True or False ?
In case of infringement or counterfeiting the trademark owner may seek:
Civil, criminal and administrative remedies.
True
True or False ?
Civil remedies may be more apt for trademark counterfeiting.
False
True or False ?
Civil remedies may be preferred in case of infringement.
True
True or False ?
Criminal remedies may be more apt for trademark counterfeiting
True