LEB 320F Unit 6 Exam Questions and
Answers Graded A+ UPDATED
What was the World Trade Organization's contribution to patent law? What does
it protect? - CORRECT ANSWER-Established TRIPS (trade related intellectual
property rights) which set minimum requirements for intellectual property
protection in all member nations including trademarks, trade secrets, patents, and
copyrights
What is a trademark? - CORRECT ANSWER-a distinctive word, phrase, symbol,
or design that identifies the origin of a good
When is a mark protectable? - CORRECT ANSWER-it must serve as a "source
identifier" and have secondary meaning
What is trade dress? When must secondary meaning be proven? - CORRECT
ANSWER-very distinctive packaging or nonfunctional product design that serves
the same purpose as a trademark. Includes distinctive design of a restaurant's
exterior and interior décor if they can prove that the design has gained 'secondary
meaning'.
Secondary meaning does not have to be proved for packaging.
,What are the four trademark categories? - CORRECT ANSWER-generic,
descriptive, suggestive, fanciful/arbitrary
What is a generic trademark? How protectable is it? Give an example. -
CORRECT ANSWER-describe an entire class of goods or services rather than a
particular seller's version of a good or service. Not protectable by itself.
Ex. car
What is a descriptive trademark? How protectable is it? Give an example. -
CORRECT ANSWER-identifies a characteristic or quality of a product or service.
Includes last names. Only protectable when secondary meaning can be proven.
Ex. Dell, Vision Center
What is a suggestive trademark? How protectable is it? Give an example. -
CORRECT ANSWER-Suggests, rather than describes, some characteristics of the
good sold. can be a protectable mark even without actual proof of acquired
secondary meaning because courts view suggestive terms as being "inherently
distinctive."
Ex. Coppertone
What is a fanciful/arbitrary trademark? How protectable is it? Give an example. -
CORRECT ANSWER-words coined specifically for trademark. Usually seen as
inherently distinctive.
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
, Ex. Apple, Kodak
What are the three types of trademark system? Which does the US use? -
CORRECT ANSWER-geography, priority, and registration. The US uses a hybrid
of all three that provides protection based on the geographic area in which a mark
has been used in connection with sales, and then provides expanded protection
where the mark is registered.
What is a requirement for a product before a trademark can be registered? Is a
mark protectable if this isn't met? - CORRECT ANSWER-interstate commerce
must be established. Under the Lanham Act if an applicant has not yet made
interstate use of a mark but has a good faith intention (bona fide intent) to do so in
the near future (1-3 years), they declare an "Intent to Use" (ITU)
What constitutes a likelihood of confusion? What are the factors affecting this?
When is likelihood of confusion not allowed? - CORRECT ANSWER-if
consumers are likely to be misled into believing that the brand is associated with
another brand or sponsors what that other brand is doing. Factors: similarity of
design of the marks, similarity of product, proof of confusion among actual buyers,
and marketing surveys of prospective purchasers showing an appreciable
misassociation.
If the products are dissimilar and unrelated, however, even identical marks may not
cause confusion.
Answers Graded A+ UPDATED
What was the World Trade Organization's contribution to patent law? What does
it protect? - CORRECT ANSWER-Established TRIPS (trade related intellectual
property rights) which set minimum requirements for intellectual property
protection in all member nations including trademarks, trade secrets, patents, and
copyrights
What is a trademark? - CORRECT ANSWER-a distinctive word, phrase, symbol,
or design that identifies the origin of a good
When is a mark protectable? - CORRECT ANSWER-it must serve as a "source
identifier" and have secondary meaning
What is trade dress? When must secondary meaning be proven? - CORRECT
ANSWER-very distinctive packaging or nonfunctional product design that serves
the same purpose as a trademark. Includes distinctive design of a restaurant's
exterior and interior décor if they can prove that the design has gained 'secondary
meaning'.
Secondary meaning does not have to be proved for packaging.
,What are the four trademark categories? - CORRECT ANSWER-generic,
descriptive, suggestive, fanciful/arbitrary
What is a generic trademark? How protectable is it? Give an example. -
CORRECT ANSWER-describe an entire class of goods or services rather than a
particular seller's version of a good or service. Not protectable by itself.
Ex. car
What is a descriptive trademark? How protectable is it? Give an example. -
CORRECT ANSWER-identifies a characteristic or quality of a product or service.
Includes last names. Only protectable when secondary meaning can be proven.
Ex. Dell, Vision Center
What is a suggestive trademark? How protectable is it? Give an example. -
CORRECT ANSWER-Suggests, rather than describes, some characteristics of the
good sold. can be a protectable mark even without actual proof of acquired
secondary meaning because courts view suggestive terms as being "inherently
distinctive."
Ex. Coppertone
What is a fanciful/arbitrary trademark? How protectable is it? Give an example. -
CORRECT ANSWER-words coined specifically for trademark. Usually seen as
inherently distinctive.
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
, Ex. Apple, Kodak
What are the three types of trademark system? Which does the US use? -
CORRECT ANSWER-geography, priority, and registration. The US uses a hybrid
of all three that provides protection based on the geographic area in which a mark
has been used in connection with sales, and then provides expanded protection
where the mark is registered.
What is a requirement for a product before a trademark can be registered? Is a
mark protectable if this isn't met? - CORRECT ANSWER-interstate commerce
must be established. Under the Lanham Act if an applicant has not yet made
interstate use of a mark but has a good faith intention (bona fide intent) to do so in
the near future (1-3 years), they declare an "Intent to Use" (ITU)
What constitutes a likelihood of confusion? What are the factors affecting this?
When is likelihood of confusion not allowed? - CORRECT ANSWER-if
consumers are likely to be misled into believing that the brand is associated with
another brand or sponsors what that other brand is doing. Factors: similarity of
design of the marks, similarity of product, proof of confusion among actual buyers,
and marketing surveys of prospective purchasers showing an appreciable
misassociation.
If the products are dissimilar and unrelated, however, even identical marks may not
cause confusion.
