What is a Trademark? Self-Quiz
Originally, trademarks were used to:
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The general idea underlying trademark law is that we want to:
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Cye opens a bar in a growing western town. Outside he hangs a sign which says ?Saloon.? When a competitor comes to town and hangs his own ?Saloon? sign can Cye claim that the new sign will cause confusion and should be removed?
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The ?Bayer? case is an excellent example of how:
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In order to prevent a term from becoming generic, a mark owner should:
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A descriptive term such as ?Bug Mist? can be a valid mark if:
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The South Park Corporation, Inc. has just introduced a new product to the public which they call the ?Huge Balloon.? This is a balloon so big that if filled with helium a small child could float away while trying to hold on to it. Nobody has ever seen anything like it, although Cartman claims he has had one for weeks. Kenny cannot afford to buy a Huge Balloon, but fortunately for him a competitor begins making ?New Huge Balloons? about 6 months after the original is launched. During those 6 months the Huge Balloon is a big hit, but the public at large does not yet really identify the name with the product made by South Park Corporation, Inc. Can the makers of the ?New Huge Balloon? use that term?
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Several years later, the success of the Huge Balloon is overwhelming. The next new product to roll off the lines is called the ?Big ?n Heavy Door Stop.? If this term is found to be ?suggestive? instead of ?descriptive,? then:
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Which of the following can be registered as a mark without a showing of secondary meaning?
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The mark ?Shirley?s High Flying Griddle & Spatula Store? is an example of:
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Which of the following is an example of a fanciful mark?
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