LEGAL 4200 exam 2 Review Questions and answers, rated A+LEGAL 4200 exam 2 Review Questions and answers, rated A+

LEGAL 4200 exam 2 Review Questions and answers, rated A+ TM law definition - -"Trademark is any word, name, symbol, or device, or any combination thereof used by a person to identify and distinguish their goods, including a unique product, from those manufactured or sold by other and to indicate the source of the goods..." (Lanham Act) Answers "WHO made this" Where do TMs fit into IP law? - -Tools to prevent others from providing false or misleading information to consumers or to protect famous marks (federal/state) Brands vs. Marks - -Brands are a combination of tangible and intangible elements that include the mark, logo, design, AND concept, image, and reputation associated with business - the term "brand" is more broad while TM is a subset of a brand Goals of TMs - -1. protect the reputation of sellers and their investments therein 2. prevent consumer confusion and deception about who made a product -more efficient for consumer for product recognition -benefits company; TMs are primary value 3. promote competition in the market by allowing firms to engage in non-misleading advertisements Sources of TM law - -"TMs are created through use and commerce." - until you are actually using a TM to identify yourself or company you don't have a TM (cannot register). TM rights in the US come from use in commerce State common law - no registration needed; limited in geographic scope State statutory - registration system; limited in geo scope Federal statutory - registration system; national in scope -can protect unregistered marks -many benefits associated with registration Types of Marks - -Word, symbol, device, or any combination thereof that is used to distinguish the goods of one person from another Service Marks - -Identify services rather than goods -McDonald's, maid services, car wash services Certify marks - -Certify goods or services of others have certain characteristics (quality, accuracy, made through union labor) Restrictions on use: (a) can't certify own goods or services (b) must apply standards in allowing other to use mark (c) must be objective and cannot discriminate in certifying other's goods or services Ex: non-GMO, organic Benefits of certification marks: (a) owners can act as a third part certifying certain quality standards for products and services (b) owners have complete control over the certification marks (c) owners may license their certification mark to anyone meeting their standards (d) owners are protected from others trying to use a similar mark Collective membership marks - -Adopted for purpose of indicating membership in an organization ex: bike gang Generic terms - -a word that identifies the type of product or service involved and receives no protection (alone) because it answers "what" is being sold instead of "who" is selling ex: cannot use the word "shoes" for TM brand -preventing others from using a generic term because it's obtained as TM genericide - -a mark's loss of protection