Registering a Trademark: Module 2 of 5

Question 1

Which of the following statements contains an accurate use of trademark terminology?

“The USPTO has granted Hortiz a trademark for his company’s name.”

“Hortiz filed a trademark application and is now prosecuting the mark.”

“A trademark prosecutor at the USPTO will approve or deny Hortiz’s trademark application.”

“Hortiz performed a TEAS search before filing his trademark application via the TESS system.”

Question 2

Which of the following is not necessary when filing an ITU trademark application?

A sworn statement as to the applicant’s “bona fide” intention to use a mark.

Examples of the product, such as samples or product images.

Proof that the mark has been used in commerce.

A good faith intention to use the mark at a future date.

Question 3

The USPTO’s filing fees for trademarks are primarily based on three factors. Which of the following is not one of those factors?

The number of claims.

The number of marks.

The number of classes.

The filing option selected.

Question 4

What federal law is the primary source of trademark laws in the U.S.?

The Leahy-Smith Act

The Lanham Act

The Sonny Bono Act

Hatch Waxman Act

Question 5

Under which department or division of the U.S. Government can the USPTO be found?

Library of Congress

Department of Commerce

Federal Trade Commission (“FTC”)

Department of Justice

Question 6

Information contained in trademark applications and other filings made with the USPTO during trademark prosecution is:

Non-publicly accessible information.

Subject to attorney-client privilege.

Private information only accessible by way of a Freedom of Information Act (“FOIA”) request.

Publicly accessible information.

Question 7

Cardi, a social media influencer, walks into a boutique intellectual property law firm. She inquires about obtaining a federally registered trademark for her new workout program launching on YouTube in three months. Which of the following is the most accurate response Cardi should receive?

“An intent to use trademark application should be filed to obtain an earlier application filing than that of a potential competitor.”

“It may take as little as seven months or up to two years or longer to obtain a trademark registration for your new product.”

“A priority trademark application should be filed to expedite the review and approval of a trademark registration for the new workout program. It may cost more than the standard filing, but it will be worth the additional expense because the program launches in three months.”

“You will automatically have the same level of protections as federally registering your mark at the time you launch your program in three months. There is no need to file anything.”

Question 8

Which of the following statements about common law trademarks is true?

Registration with a state government is required for common law trademark protection.

Common law and state-registered trademarks guarantee federal registration of the same mark at a later date.

The first to use a mark in commerce will have the strongest claim of trademark ownership.

The first to use a mark in commerce will have the same claim of trademark ownership as subsequent users of the mark.

Question 9

Sam runs a lawn care company. A local competitor is using a similar slogan and color scheme for its own brand. Sam wants to obtain federally registered trademarks to protect the collection of marks he uses in connection with his lawn care company. Which of the following responses is the most accurate advice to give regarding the length of time it will take to obtain a federally registered trademark?

“Sam already has a level of protection available over his company’s use of the marks, so there are some options available during the time it will take to file the applications and obtain the federal registration.”

“A federal trademark registration can be obtained within seven months of filing the trademark application.”

“Sam can file immediately utilizing the intent-to-use application and follow-up within twelve weeks of having a notice of allowance issued.”

“It may take as little as seven months or up to two years or longer to obtain the federal trademark registrations for Sam’s company.”

Question 10

The Trademark Trial and Appeal Board does not hear or decide which of the following proceedings?

Oppositions to the registration of trademarks.

Disputes regarding trademark infringement.

Petitions to cancel trademark registrations.

Proceedings involving applications for concurrent use registrations of trademarks.