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Foundations of Law
Patents, Trademarks & Copyrights
Trademarks Part 1
What is a Trademark

Question 1

Originally, trademarks were used to:

Identify the origin of goods in the Middle Ages.

Correct In the Middle Ages, marks were used to identify the source of goods which allowed customers to determine the quality of the goods they were purchasing.

Incorrect! In the Middle Ages, marks were used to identify the source of goods which allowed customers to determine the quality of the goods they were purchasing.

Help keep accurate records of taxes owed during the 17th century.

Correct

Incorrect!

Prevent theft of commercial goods.

Correct

Incorrect!

None of the above.

Correct

Incorrect!

Question 2

The general idea underlying trademark law is that we want to:

Help manufacturers build brand image to facilitate commerce.

Correct

Incorrect!

Prevent people from producing low-quality goods which cannot be readily identified.

Correct

Incorrect!

Maintain some measure of order to the busy modern marketplace.

Correct

Incorrect!

Protect consumers against confusion.

Correct In general, trademark law seeks to protect consumers against confusion caused by similar marks. This level of protection is relatively thin, i.e., this doesn't grant mark users a great deal of protection against others who might use similar marks.

Incorrect! In general, trademark law seeks to protect consumers against confusion caused by similar marks. This level of protection is relatively thin, i.e., this doesn't grant mark users a great deal of protection against others who might use similar marks.

Question 3

Cye opens a bar in a growing western town. Outside he hangs a sign which says 'Saloon'. When a competitor comes to town and hangs his own 'Saloon' sign can Cye claim that the new sign will cause confusion and should be removed?

YES, because Cye used the term first.

Correct

Incorrect!

YES, if people in that town use the word "saloon" to indicate Cye's bar.

Correct

Incorrect!

NO, because the term "saloon" is generic.

Correct Trademarks must be distinctive. Generic terms such as 'saloon' cannot serve as a mark, and Cye therefore can't prevent others from using the word to advertise their bars.

Incorrect! Trademarks must be distinctive. Generic terms such as 'saloon' cannot serve as a mark, and Cye therefore can't prevent others from using the word to advertise their bars.

NO, unless Cye has registered the mark.

Correct

Incorrect!

Question 4

The 'Bayer' case is an excellent example of how:

A term can become generic.

Correct In the 'Bayer' case the term 'Aspirin,' which began as a valid mark, became generic and Bayer could not prevent others from using the term after that point.

Incorrect! In the 'Bayer' case the term 'Aspirin,' which began as a valid mark, became generic and Bayer could not prevent others from using the term after that point.

A generic term might become a valuable mark.

Correct

Incorrect!

Trademark law has changed in the past 100 years.

Correct

Incorrect!

Studying trademark law can give you a headache.

Correct

Incorrect!

Question 5

In order to prevent a term from becoming generic, a mark owner should:

Use the mark with care.

Correct

Incorrect!

Keep the public educated about the distinction between the name brand and the product description.

Correct

Incorrect!

Assiduously check for unauthorized uses of the mark.

Correct

Incorrect!

All of the above.

Correct Each of these is a good step toward maintaining a valuable mark. Of course, all of these steps might still be insufficient to prevent the public from using the mark generically, and no amount of consumer education by the mark owner can counter that.

Incorrect! Each of these is a good step toward maintaining a valuable mark. Of course, all of these steps might still be insufficient to prevent the public from using the mark generically, and no amount of consumer education by the mark owner can counter that.

Question 6

A descriptive term such as 'Bug Mist' can be a valid mark if:

It is registered on the principal register.

Correct

Incorrect!

It acquires secondary meaning through use.

Correct Descriptive terms which acquire secondary meaning through steady promotion and other means can be protected as valid trademarks.

Incorrect! Descriptive terms which acquire secondary meaning through steady promotion and other means can be protected as valid trademarks.

There is only one user making use of the term.

Correct

Incorrect!

Descriptive terms can never be valid marks.

Correct

Incorrect!

Question 7

The South Park Corporation, Inc. has just introduced a new product to the public which they call the 'Huge Balloon'. This is a balloon so big that if filled with helium a small child could float away while trying to hold on to it. Nobody has ever seen anything like it, although Cartman claims he has had one for weeks. Kenny cannot afford to buy a Huge Balloon, but fortunately for him a competitor begins making 'New Huge Balloons' about 6 months after the original is launched. During those 6 months, the Huge Balloon is a big hit, but the public at large does not yet really identify the name with the product made by South Park Corporation, Inc. Can the makers of the 'New Huge Balloon' use that term?

YES, unless the term has already acquired a secondary meaning.

Correct

Incorrect!

YES, because the term "balloon" is generic.

Correct

Incorrect!

NO, if there is "secondary meaning in the making."

Correct When a company is in the process of developing a secondary meaning for a descriptive term, competitors might be prevented from interfering with their efforts. See 'Elizabeth Taylor Cosmetics Co. v. Annick Goutal, S.A.R.L., 673 F. Supp. 1238 (S.D.N.Y. 1987)' (citations omitted). Here, the 6 month campaign might allow South Park Corporation, Inc. the ability to show that a secondary meaning for their descriptive term is starting to develop.

Incorrect! When a company is in the process of developing a secondary meaning for a descriptive term, competitors might be prevented from interfering with their efforts. See 'Elizabeth Taylor Cosmetics Co. v. Annick Goutal, S.A.R.L., 673 F. Supp. 1238 (S.D.N.Y. 1987)' (citations omitted). Here, the 6 month campaign might allow South Park Corporation, Inc. the ability to show that a secondary meaning for their descriptive term is starting to develop.

NO, because it is a valid, protected mark as soon as it is used in commerce.

Correct

Incorrect!

Question 8

The South Park Corporation, Inc. has just introduced a new product to the public which they call the 'Huge Balloon'. This is a balloon so big that if filled with helium a small child could float away while trying to hold on to it. Nobody has ever seen anything like it, although Cartman claims he has had one for weeks. Kenny cannot afford to buy a Huge Balloon, but fortunately for him a competitor begins making 'New Huge Balloons' about 6 months after the original is launched. During those 6 months, the Huge Balloon is a big hit, but the public at large does not yet really identify the name with the product made by South Park Corporation, Inc. Several years later, the success of the Huge Balloon is overwhelming. The next new product to roll off the lines is called the 'Big-n-Heavy Door Stop'. If this term is found to be 'suggestive' instead of 'descriptive', then:

It can be protected by a court as a mark without a showing of secondary meaning.

Correct

Incorrect!

It can be registered with the PTO as a mark without a showing of secondary meaning.

Correct

Incorrect!

Neither A nor B.

Correct

Incorrect!

Both A and B.

Correct Suggestive terms can be used as valid marks even without a showing of secondary meaning. There is, however, some difficulty in determining the difference between descriptive terms and suggestive terms in some cases.

Incorrect! Suggestive terms can be used as valid marks even without a showing of secondary meaning. There is, however, some difficulty in determining the difference between descriptive terms and suggestive terms in some cases.

Question 9

Which of the following can be registered as a mark without a showing of secondary meaning?

Arbitrary marks.

Correct

Incorrect!

Fanciful marks.

Correct

Incorrect!

Suggestive marks.

Correct

Incorrect!

All of the above.

Correct All of these can be registered as marks without a showing of secondary meaning because they are distinctive.

Incorrect! All of these can be registered as marks without a showing of secondary meaning because they are distinctive.

Question 10

The mark "Shirley's High Flying Griddle & Spatula Store" is an example of:

A generic term.

Correct

Incorrect!

A descriptive term.

Correct

Incorrect!

An arbitrary term.

Correct The use of the words 'High Flying' here is arbitrary ' they have nothing to do with griddles or spatulas.

Incorrect! The use of the words 'High Flying' here is arbitrary ' they have nothing to do with griddles or spatulas.

A fanciful term.

Correct

Incorrect!

Question 11

Which of the following is an example of a fanciful mark?

Edgar's Eloquent Dictionary Directory.

Correct

Incorrect!

Edgar's Word-A-Finder.

Correct

Incorrect!

Edgar's Yip-Yap-a-Dip-Dap.

Correct A Fanciful mark is one which does more than simply combine words such as in 'B'. It actually involves the creation of a new word or term. 'A' is descriptive, as is 'B'. 'D' is likely arbitrary, depending on what the mark is used on - if it's used on a machine which yodels euphemisms it is merely descriptive.

Incorrect! A Fanciful mark is one which does more than simply combine words such as in 'B'. It actually involves the creation of a new word or term. 'A' is descriptive, as is 'B'. 'D' is likely arbitrary, depending on what the mark is used on - if it's used on a machine which yodels euphemisms it is merely descriptive.

Edgar's Yodeling Euphemisms.

Correct

Incorrect!

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