Intellectual Property Law Practice Exam Questions With Correct Answers 2023

Intellectual Property Law Practice Exam
Questions With Correct Answers 2023
Intellectual Property - Answer Any product or result of mental processes that is given legal protection against unauthorized use
4 Types of Intellectual Property - Answer Patents
Copyrights
Trademarks, service marks, or trade dress
Trade secrets
Trademark - Answer Designed to signal the source of the product
Requirements of a Trademark - Answer Must be distinctive and used in commerce
Inherently Distinctive marks - Answer Fanciful and arbitrary marks
Suggestive Marks - Answer Suggest a characteristic of the good, indirectly describes the product (coppertone, jaguar)
Descriptive Marks - Answer Directly describes the product, no trademark protection unless owners have created a secondary meaning (Holiday Inn)
Determining Secondary Meaning - Answer Amount and manner of advertising
Volume of Sales
Length and manner of use
Results of consumer surveys
Generic Terms - Answer Not distinctive, has lost trademark protection
Band aid
Aspirin
Thermos
Service Marks - Answer Mark used to distinguish services rather than goods
Trade Dress - Answer Image and appearance of a product or service, trademarkable (goldfish)
Obtaining a Trademark - Answer Be the first to use the mark in commerce, only protection in the geographic are of use
Register with USPTO, file an application and show it is or will be used in commerce within 6 months, nationwide rights
Advantages of Registering - Answer Right to use nationwide