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Q:
What does it mean for a trademark to become generic? Give some examples of trademarks that have become generic.
Q:
Discuss "fair use" in the context of trademarks and copyrights.
Q:
What defenses can a defendant present to win a trademark infringement lawsuit?
Q:
What is secondary meaning?
Q:
How does the Patent and Trademark Office (PTO) determine that the proposed trademark is not similar to or owned by someone else?
Q:
Discuss the various types of trademarks.
Q:
Under what circumstances will the Patent and Trademark Office (PTO) deny registration of a trademark?
Q:
How is the nonobvious standard in an invention measured?
Q:
Discuss patent trolls.
Q:
How is the registration of descriptive terms or a persons name done?
Q:
What are trademarks?
Q:
Explain the characteristics that an invention should have in order to be patentable.
Q:
What is the duration of a patent that represents a property?
Q:
Explain the process for obtaining a patent.
Q:
What happens when a patent expires?
Q:
What happens if an individual infringes a patent?
Q:
It has been estimated that intangible assets represent a significant portion of the total assets of many large U.S. companies. Name the different kinds of intangible assets businesses might possess.
Q:
What is a trade secret and what must a company do to have enforceable rights to protect a trade secret?
Q:
How does the law define misappropriation in case of trade secret violation?
Q:
What is an injunction?
Q:
Can misappropriation of trade secrets result in criminal prosecution?
Q:
Possible civil remedies for violation of the Digital Millennium Copyright Act can include ______.
A. consequential damages
B. actual and punitive damages
C. actual damages and injunction
D. double actual damages
E. compensatory damages
Q:
A. royalty B. revocation C. injunction D. novelty E. commission
Q:
In determining whether a particular use is a fair one, a court will consider ______. B. the amount of profit expected by the user claiming the fair use E. the degree of damage caused
Q:
______ is a form of expression that criticizes by poking fun at something through exaggeration.
A. Parody
B. Novation
C. Copyright
D. Misrepresentation
E. Infringement
Q:
Which of the following is true of the Digital Millennium Copyright Act? A. It protects a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services. B. It provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith." C. It prevents circumvention of technological access protections for such digital products such as computer software and compact disks. D. It prohibits household consumers from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill.
Q:
A trademark becomes ______ when, through the owners actions or anothers inappropriate use, the mark becomes synonymous in the consumers mind with the name of the goods or services. A. infringed C. generic D. distinctive E. substituted
Q:
According to the Lanham Act of 1946, which of the following is a mark representing membership in a certain organization or association?
A. certification mark
B. product mark
C. service mark
D. collective mark
E. secondary mark
Q:
The fair use of a registered trademark defense was established in the ______.
A. Lanham Act
B. Federal Trademark Dilution Act
C. Economic Espionage Act
D. Sarbanes-Oxley Act
E. Consumer Protection Act
Q:
A. It deals with invention that is original, nonobvious, and a novelty. B. It protects ideas and facts. D. It protects original, creative expression. E. It protects inventors rather than authors.
Q:
Which of the following protects a "famous" trademark, even if the owner is unable to prove that the public is confused by another's use of a similar mark, and provides the owner with the infringer's profits and actual damages?
A. The Lanham Act
B. The Consumer Protection Act
C. The Trademark Trial and Appeal Board
D. The Robinson-Patman Act
E. The Federal Trademark Dilution Act
Q:
As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ______, which gives existing mark owners notice and allows for objection.
A. Official Gazette
B. Federal Register
C. legal section of major newspapers
D. congressional record
E. Principal Register
Q:
A ______ refers to a public meaning that is different from its meaning as a person's name or as a distinctive term, a public meaning that makes the name or term distinctive.
A. primary meaning
B. secondary meaning
C. trade meaning
D. principal meaning
E. supplemental meaning
Q:
For a name to be trademarked, ______.
A. it must be listed on the Principal Register for five years without being challenged
B. it must be listed on the Supplemental Register for five years and have acquired a secondary meaning
C. it must be listed without restrictions and the trademark owner must notify the Patent and Trademark Office (PTO) every year that the trademark is still in use
D. the Patent and Trademark Office (PTO) will deny descriptive terms for trademark protection under any circumstance.
E. it must be listed on the principal register for one year and on the secondary register for five years.
Q:
Which of the following is a defense to a charge of trademark infringement?
A. The statutory period protecting the trademark has expired.
B. There is a good chance of the public being confused.
C. The use is a fair use.
D. The mark is distinctive.
E. The mark or symbol is considerably different.
Q:
Civil violation of a trademark or a patent is termed ______.
A. breach
B. infringement
C. repudiation
D. copy
E. injunction
Q:
______ refers to a colored design or shape associated with a product or service.
A. Patent
B. Trade dress
C. Copyright
D. Trademark
E. Blurring
Q:
When you purchase an item from Globus Corp., they place the item in a paper bag with handles and vertical yellow, blue, and white stripes. Even without seeing the words Globus Corp. on the bag, many people recognize that the purchase is from Globus. The bag's coloring and design is considered its ______.
A. trade dress
B. certification mark
C. collective mark
D. service mark
E. trademark
Q:
Which of the following is actually intended to be used by someone other than the owner?
A. certification marks
B. collective marks
C. service marks
D. trademarks
E. brand marks
Q:
A school's seal and logo are examples of which type of intellectual property?
A. service marks
B. certification marks
C. collective marks
D. patents
E. brand marks
Q:
Which of the following is true of trade dress? A. It refers to the utility and nonobviousness of an invention. B. It can be protected under law even without a registration. C. It is another form of a patent troll. E. It usually excludes distinctive store decorating motifs.
Q:
Hillward Bakers Inc. has been using a logo with the letters HB in blue color and a baker's hat above these letters since its inception ten years ago. This logo has since been connected with Hillward Bakery by its customers. Hobert Bakers Inc., a newly opened bakery and confectionary chain, uses the same logo. Hillward has not registered its logo, but chooses to sue Hobert. Which of the following is true of this case?
A. Hillward cannot sue Hobert since the logo has not been registered as a trademark.
B. Hillward can sue Hobert since the logo has been used by Hillward and is associated with it.
C. Hobert can defend that Hillward created something that lacks utility and cannot be trademarked.
D. Hobert can defend that Hillward created something that was very obvious.
E. Hillward cannot sue Hobert because logos cannot be patented or trademarked.
Q:
Which of the following is true of a trademark?
A. A trademark is a form of legal and civil property.
B. One can have rights in a trademark only if he or she has registered it.
C. If a trademark is unregistered, it is open for public use.
D. A trademark is firmly associated with an inventive act and excludes others from making, using, or selling the invention.
E. Owners can sue for infringement and claim rights on a trademark even if they have not registered it.
Q:
Which of the following is a function of a trademark?
A. obviousness
B. utility
C. distinctiveness
D. certification
E. guarantee
Q:
The Nike swoosh and McDonalds golden arches are examples of which type of intellectual property? B. patent C. certification mark D. trademark E. novelty
Q:
Which of the following is an instance of trademark infringement?
A. Intentional use of the owner's mark
B. an accidental design of one's own mark too similarly to another's
C. invention that produces surprising and unexpected results
D. an act of disclosing information that one had a duty to keep secret
E. an act of improperly acquiring secret information through burglary, espionage or computer hacking
Q:
Radford School is certified by the United Federation of Planets Academy of Business and Managements Schools. The icon of the school used on its website has the words "Member of UFPABMS." This icon is a ______.
A. service mark
B. brand mark
C. trademark
D. promotion mark
E. collective mark
Q:
The one-year grace period applies to ______ law. A. trademark B. patent D. trade secret E. collective mark
Q:
Which of the following is true in case a patent expires?
A. It comes under the purview of the Supreme Court to restrict its use in public.
B. It is in the public domain and others may use it without limitations.
C. It is put aside for someone else to acquire.
D. It will be reviewed and reassigned to the same owner.
E. It will be declared as null and void and the invention will be declared useless.
Q:
In the context of trademarks, which of the following is otherwise known as recognizability?
A. distinctiveness
B. nonobviousness
C. novelty
D. utility
E. preemption
Q:
Which of the following types of intellectual property can be assigned to the invention of a plant that can be reproduced asexually? A. patent C. trademark D. trade name E. brand mark
Q:
Which of the following statements is true of patent enforcement?
A. The explicit purpose of patent law is to maintain secrecy of inventions for an indefinite time period.
B. Upon the expiration of a patent, an invention is removed from the public domain.
C. Beyond the duration of a patent, the owner can sue those who infringe on it.
D. Usually multiple intellectual property rights can cover the same article.
E. Patent laws include the right to use the invention.
Q:
______ refers to the ability of an invention to produce surprising or unexpected results; that is, results not anticipated by prior art.
A. novation
B. nonobviousness
C. preemption
D. utility
E. tarnishment
Q:
Which of the following defenses can an alleged infringer use to prove that the patent is invalid?
A. The invention is a novelty.
B. The invention has utility.
C. The invention was previously unknown.
D. The invention is obvious.
E. The invention has produced unexpected results.
Q:
The Patent and Trademark Office (PTO) assigns a ______ to consider a patent application.
A. claims officer
B. patent examiner
C. patent technician
D. court judge
E. patent issuer
Q:
In the context of patentable subject matter, which of the following characteristics about an invention indicates that something is new and different from the prior art?
A. nonobviousness
B. utility
C. novelty
D. tarnishment
E. preemption
Q:
Which of the following statements is true of design patents?
A. The duration of a design patent is 14 years from the date of issue.
B. It is given to products that have undergone new compositions of matter or improvements.
C. It is applied to useful, functional inventions.
D. It also covers all other inventions that are under the purview of plant patents.
E. It excludes the appearance of a product in considering the patent for a product.
Q:
In the context of utility patents, which of the following terms refers to the details about the subject matter that an inventor regards as the invention?
A. claims
B. novation
C. preemption
D. distinctiveness
E. collective marks
Q:
In the context of patentable subject matter, which of the following refers to doing something through a series of operations?
A. claim
B. process
C. infringement
D. recognizability
E. tarnishment
Q:
A(n) _____ patent applies to useful, functional inventions.
A. design
B. style
C. plant
D. ornamental
E. utility
Q:
Misappropriation of a trade secret occurs when ______.
A. a person is able to recreate the same information that the other considers to be a trade secret
B. a person recreates a product after looking at it and figuring out how it works or how it is formulated
C. a person uses another's trade secret and confidential information with authorization
D. a person improperly acquires secret information through burglary, espionage, or computer hacking
E. a person uses his or her own knowledge and understanding to recreate what is another's trade secret
Q:
A(n) ______ is an order by a judge either to do something or to refrain from doing something.
A. penalty
B. injunction
C. actual damage
D. punitive damage
E. compensatory damage
Q:
Which of the following statements is true of trade secrets?
A. A first step involved in protection of trade secrets deals with preservation of secrecy through computer systems.
B. Establishment of the existence of trade secrets is a critical step in the control of valuable knowledge resources.
C. Two or more trade secrets must be unique.
D. Trade secrets lose property in knowledge-based resources when they come into contact with suppliers, customers, repair technicians, or even visitors.
E. Reasonable measures in the preservation of trade secrets exclude physically locking away written material.
Q:
Which of the following statements is true of misappropriation?
A. Innocently acquiring a secret from another without having knowledge of its theft is an act of misappropriation.
B. If, through his or her own efforts, one is able to recreate the same information that another considers to be a trade secret, misappropriation has occurred.
C. If one acquires a secret from another who has a duty to maintain secrecy and one knows of that duty, misappropriation has occurred.
D. Knowledge or performance of a duty to maintain secrecy is irrelevant in the demonstration of misappropriation.
E. Recreation of the same information that another considers a trade secret is treated as misappropriation.
Q:
Which of the following statements is true of the Economic Espionage Act (EEA)?
A. Acts of standard trade secret misappropriation by individuals is beyond its scope.
B. The EEA excludes intentional misappropriation of trade secrets by firms or individuals.
C. The EEA allows local bodies, authorities, private individuals, and others to bring a case of misappropriation but excludes the federal government.
D. One of the provisions of the EEA makes one liable for misappropriation to benefit a foreign government.
E. The EEA does not have any provision that addresses espionage.
Q:
Which of the following statements is true of patents?
A. Patents are usually created for an indefinite period of time.
B. Many of the basic principles of modern patent law are sourced from the Venetian Patent Act of 1474.
C. Utility patents apply to original and ornamental design for an article of manufacture.
D. Design patents apply to nonobvious, useful processes, machines, compositions of matter, or improvements thereof.
E. According to the federal Economic Espionage Act (EEA), plant patents usually last for 14 years from issue date.
Q:
Which of the following statements is true of intellectual property?
A. Intellectual property requires that certain types of information are not disclosed to the public.
B. The type of information is irrelevant in determining the time, effort, and money required to convert intellectual property to intangible assets.
C. The basic economic system of intellectual property is grounded in the idea of incentives.
D. There is little correlation between research and development (R&D) and intellectual property in determining the competitive advantage of a firm.
E. An economic system based on intellectual property presumes that the long-term benefits of increased information and investment are lower than the short-term costs.
Q:
A ______ is any form of knowledge or information that has economic value from not being generally known to others or readily ascertainable by proper means and has been the subject of reasonable efforts by the owner to maintain secrecy.
B. trademark
C. patent
D. company policy
E. trade secret
Answer: E
Q:
To violate anothers trade secret rights, one must ______.
A. misappropriate the information
B. use another's information without permission
C. engage in unauthorized use of another's information
D. steal another's intellectual property
E. engage in buying and selling of trade secrets
Q:
Which of the following is most likely to be the first step taken by a business to protect its trade secrets?
A. assert its property by preserving secrecy
B. decide who can visit the business and what areas can be seen by them
C. establish the existence of a trade secret as it is critical in controlling valuable knowledge resources
D. identify confidential knowledge-based resources by conducting a trade secret audit
E. require visitors, suppliers, and customers to sign a non-disclosure agreement
Q:
The Digital Millennium Copyright Act holds Internet service providers liable for illegal copies that pass temporarily through their systems.
Q:
Garry uses Vizikool, an Internet service provider, to access a file sharing website that can help Garry download copyright protected music. Under the Digital Millennium Copyright Act (DMCA), Vizikool can be held liable for Garry's actions, even though the service provider was unintentionally linking Garry to the file sharing website.
Q:
The Patent Cooperation Treaty (PCT) allows applicants to obtain a preliminary international examination and then pursue final rights in multiple countries at the same time.
Q:
Copyright laws protect inventors rather than authors.
Q:
Companies can be considered authors under copyright law.
Q:
Copying for research or teaching are considered an infringement of the owner's property.
Q:
One can be liable for materially contributing to another's infringement with knowledge of the infringement.
Q:
Trade dress refers to a color or shape associated with a product or service.
Q:
If a trademark becomes generic or if it loses its distinctiveness, it also loses its status as a protected trademark.
Q:
The courts can declare a trademark invalid even if the U.S. Patent and Trademark Office has accepted registration.