Acquiring Trademark Rights Self-Quiz









Trademark rights kick in when:
Choice 1 A mark is first designed and committed to paper or otherwise fixed in a tangible medium.
Choice 2 A mark is first used in commerce.
Choice 3 A mark is registered with the PTO.
Choice 4 None of the above
“Warehousing marks” is a process where:
Choice 1 Trademarks are bought and sold, which is permissible because they are intellectual property which may be conveyed.
Choice 2 Minimal use is made of a mark in order to prevent others from using it.
Choice 3 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.
Choice 4 Marks are used in commerce only on the distribution/wholesale level, rather than being used in retail sales with consumers.
Once someone makes bona fide use of a mark in commerce:
Choice 1 She has the exclusive right to use that mark.
Choice 2 Others might still be able to use the mark.
Choice 3 She can begin to create a secondary meaning, which is required before rights in any mark can come about.
Choice 4 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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