MMC4200 Exam 3 UF Updated Questions and Answers A+ Graded 100%

MMC4200 Exam 3 UF Updated Questions and Answers A+ Graded 100% Goal of Trademark Law - CORRECT ANSWER-- avoid confusion in the marketplace for goods and services. - benefit consumers - benefit businesses Functions of Marks - CORRECT ANSWER--identify one seller's goods and distinguishes them from goods sold by others. - signify all goods bearing the mark come from a single source. - all goods bearing the mark are an equal level of equality. -serves as a prime instrument in advertising and selling goods. What can be marks? - CORRECT ANSWER--words -phrases -symbols -designs -sounds -colors -smells -trade dress (total image of a product) Can two identical marks coexist? - CORRECT ANSWER-Yes, but only if the goods and services are unrelated. -Ex: Delta airlines and Delta Faucets. -Ex: Dove soap and Doe chocolate Spectrum of Distinctiveness (ranked strongest to weakest) - CORRECT ANSWER-1. Fanciful 2. Arbitrary 3. Suggestive 4. Descriptive Spectrum of distinctiveness - fanciful - CORRECT ANSWER-Strongest types of marks. Consist of made-up or invented "coined" words. Ex: Lexus, Viagra, Xerox Spectrum of distinctiveness - arbitrary - CORRECT ANSWER-Second strongest type of mark. An existing word is used as a mark that for a good/service that is unrelated to the usual meaning of the word Ex: Apple(computers), Camel(cigarettes) Spectrum of distinctiveness - suggestive - CORRECT ANSWER-Weaker than fanciful and arbitrary marks. Suggests some attributes about the product but does not clearly describe it. Ex: Coppertone is a suggestive mark for a suntan lotion, implying the shade of skin one achieves using it. Spectrum of Distinctiveness - descriptive - CORRECT ANSWER-Weakest type of mark. Describes features or quality of product wihtout a consumer having to do any thinking. Ex: Arm & Hammer makes daily shower spray to prevent mold called "clean show" -Requires company to demonstrate that the mark has obtained secondary meaning. Secondary meaning - CORRECT ANSWER-a legal term signifying the words in question have taken on a new meaning with the public, capable of serving a source-identifying function of a mark