Acquiring Trademark Rights Self-Quiz
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Trademark rights kick in when:
A mark is first designed and committed to paper or otherwise fixed in a tangible medium.
A mark is first used in commerce.
A mark is registered with the PTO.
None of the above
“Warehousing marks” is a process where:
Trademarks are bought and sold, which is permissible because they are intellectual property which may be conveyed.
Minimal use is made of a mark in order to prevent others from using it.
A company’s marks are combined and either protected or not protected as a whole; either all the marks are valid, or none will receive protection under copyright law.
Marks are used in commerce only on the distribution/wholesale level, rather than being used in retail sales with consumers.
Once someone makes
use of a mark in commerce:
She has the exclusive right to use that mark.
Others might still be able to use the mark.
She can begin to create a secondary meaning, which is required before rights in any mark can come about.
The failure to use the mark on a “regular basis in the ordinary stream of commerce” for a period of 12 months will constitute abandonment and permit others to use the mark freely.
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