Legl 4200 Exam 2 Review Questions/ Explained/| Latest Exam Updates| 2024/25 |

LEGL 4200 EXAM 2 Review Questions/ EXPLAINED/ trademark - -any word, name, symbol, or device, or any combination thereof used by a person...to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods; answer the question WHO brands - -a combination of tangible and intangible elements that include the mark, logo, design AND concept, image, and reputation associated with a business confusion - -trademark owners have the right to prevent the use of a mark where such use is likely to cause consumer _____________ about who is producing the product commerce - -trademark rights in the united states come from use in _________; requires an "open and notorious public offering of the services to those for whom services are intended" service marks - -a trademark that identifies services rather than goods certification marks - -a trademark that certifies that goods or services have certain characteristics (ex. quality, accuracy, made through union labor, etc.) collective membership marks - -a trademark adopted for the purpose of indicating membership in an organization generic terms - -a word that identifies the type of product or service involved; while a trademark answers WHO, this answers the question WHAT; these cannot be standalone a trademark genericide - -when a trademark becomes generic for goods or services; ex. escalator, dry ice distinctiveness - -the capability of a trademark to identify the goods of a particular merchant and to distinguish those goods from others; a mark must be ______ if it is to be protected