| LATEST EXAM UPDATES| 2024/25 | LEGL 4200 Exam 2, Questions and answers, rated A+| LATEST EXAM UPDATES| 2024/25 |

| LATEST EXAM UPDATES| 2024/25 | LEGL 4200 Exam 2, Questions and answers, rated A+ TM - -Any word, name, symbol, or device or combination used to identify/distinguish goods from others (source-identifying) Brands vs. Marks - -Brands are combination of tangible and intangible elements that include the mark/logo/design AND image/concept/reputation 3 goals of TM - -1. protect reputation of sellers (not necessarily to provide non-reputational benefits)... 2. prevent consumer confusion/deception... 3. promote competition by allowing for non-misleading ads RULE: When can TM owners prevent use of mark? (example of Bass shoes) - -when it is likely to cause consumer confusion about who is producing product RULE: When do you get TM rights - -use in commerce (but different based on jurisdiction) State common law vs. state statutory vs. federal statutory - -SCL - no registration; limited geographically... State Statutory - registration; limited in state... Federal Statutory - registration; national in scope (can protect unregistered and may come w benefits) Trademark is a - -word, name, symbol, device or combination to distinguish goods from another's Service Mark is a - -word, name, symbol, device or combination to distinguish services from another's Certification Mark is a - -Certifies that good/service have certain characteristics... cant certify your own, must be objective/nondiscrim standards to allow others to use Types of certification marks - -geographic origin (made in China), characteristics of good (made from recycled), work or labor group (manufactured by union or organization) Benefit of certification mark - -Owner of mark is 3rd party certifying quality standards, have complete control to license to ppl meeting standards, and can profit from licensing mark Collective Membership Marks - -membership in organization like a biker gang RULE: Why don't trade marks cover generic terms - -It is a non-reputational benefit to limit other shoe stores from having shoes in their name... it is a generic word that identifies the type of good/service... answer "what?" rather than "who?"...... get protection over full phrase but not the generic word alon