What is a Trademark? Self-Quiz






Originally, trademarks were used to:
Choice 1 Identify the origin of goods in the Middle Ages.
Choice 2 Help keep accurate records of taxes owed during the 17th century.
Choice 3 Prevent theft of commercial goods.
Choice 4 None of the above.
The general idea underlying trademark law is that we want to:
Choice 1 Help manufacturers build brand image to facilitate commerce.
Choice 2 Prevent people from producing low-quality goods which cannot be readily identified.
Choice 3 Maintain some measure of order to the busy modern marketplace.
Choice 4 Protect consumers against confusion.
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?
Choice 1 YES, because Cye used the term first.
Choice 2 YES, if people in that town use the word “saloon” to indicate Cye’s bar.
Choice 3 NO, because the term “saloon” is generic.
Choice 4 NO, unless Cye has registered the mark.
The ?Bayer? case is an excellent example of how:
Choice 1 A term can become generic.
Choice 2 A generic term might become a valuable mark.
Choice 3 Trademark law has changed in the past 100 years.
Choice 4 Studying trademark law can give you a headache.
In order to prevent a term from becoming generic, a mark owner should:
Choice 1 Use the mark with care.
Choice 2 Keep the public educated about the distinction between the name brand and the product description.
Choice 3 Assiduously check for unauthorized uses of the mark.
Choice 4 All of the above.
A descriptive term such as ?Bug Mist? can be a valid mark if:
Choice 1 It is registered on the principal register.
Choice 2 It acquires secondary meaning through use.
Choice 3 There is only one user making use of the term.
Choice 4 Descriptive terms can never be valid marks.
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?
Choice 1 YES, unless the term has already acquired a secondary meaning.
Choice 2 YES, because the term “balloon” is generic.
Choice 3 NO, if there is “secondary meaning in the making.”
Choice 4 NO, because it is a valid, protected mark as soon as it is used in commerce.
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:
Choice 1. It can be protected by a court as a mark without a showing of secondary meaning.
Choice 2 It can be registered with the PTO as a mark without a showing of secondary meaning.
Choice 3 Neither A nor B.
Choice 4 Both A and B.
Which of the following can be registered as a mark without a showing of secondary meaning?
Choice 1 Arbitrary marks.
Choice 2 Fanciful marks.
Choice 3 Suggestive marks.
Choice 4 All of the above.
The mark ?Shirley?s High Flying Griddle & Spatula Store? is an example of:
Choice 1 A generic term.
Choice 2 A descriptive term.
Choice 3 An arbitrary term.
Choice 4 A fanciful term.
Which of the following is an example of a fanciful mark?
Choice 1 Edgar’s Eloquent Dictionary Directory.
Choice 2 Edgar’s Word-A-Finder.
Choice 3 Edgar’s Yip-Yap-a-Dip-Dap.
Choice 4 Edgar’s Yodeling Euphemisms.

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