WVIT 423 Final Exam Questions and
Answers
Trademark - Answer-any symbol or distinctive configuration (logo, brand name etc)
Spectrum of trademarks - Answer-(less distinctive) generic,descriptive, suggestive, arbitrary, fanciful
(more distinctive )
Examples of spectrum - Answer-generic- carpet cleaning company
descriptive- american airlines
suggestive- burger king
arbitrary- apple
fanciful- kodak
suggestive, arbitrary and fanciful are - Answer-automatically protected and registered
generic and descriptive may - Answer-be protected and registered only upon showing of secondary
meaning
, Trade dress - Answer-product and packaging design "look and feel of the brand"
Must be: non functional (aesthetic purposes only) and distinctive
No trademark protection - Answer-domain name
incorporating or registering a business
fictitious business name statement
ttb cola (cerifticate of label approval) registation
Scope of rights (unregistered)
how:
scope of exclusive rights:
priority date:
loss of right:
benefit: - Answer-how:actual use
scope of exclusive rights: geographic areas
priority date: date of 1st use
loss of right: fail to use "continuously"
benefit: free, accrue as you use the mark can defend a later-filed federal registration or narrow the
scope of the registration
Scope of rights (California)
Answers
Trademark - Answer-any symbol or distinctive configuration (logo, brand name etc)
Spectrum of trademarks - Answer-(less distinctive) generic,descriptive, suggestive, arbitrary, fanciful
(more distinctive )
Examples of spectrum - Answer-generic- carpet cleaning company
descriptive- american airlines
suggestive- burger king
arbitrary- apple
fanciful- kodak
suggestive, arbitrary and fanciful are - Answer-automatically protected and registered
generic and descriptive may - Answer-be protected and registered only upon showing of secondary
meaning
, Trade dress - Answer-product and packaging design "look and feel of the brand"
Must be: non functional (aesthetic purposes only) and distinctive
No trademark protection - Answer-domain name
incorporating or registering a business
fictitious business name statement
ttb cola (cerifticate of label approval) registation
Scope of rights (unregistered)
how:
scope of exclusive rights:
priority date:
loss of right:
benefit: - Answer-how:actual use
scope of exclusive rights: geographic areas
priority date: date of 1st use
loss of right: fail to use "continuously"
benefit: free, accrue as you use the mark can defend a later-filed federal registration or narrow the
scope of the registration
Scope of rights (California)