| 1. |
Trademarks apply to words and symbols only. |
True |
False |
| 2. |
The hallmark of trademark infringement is a substantial similarity between the goods sold. |
True |
False |
| 3. |
A likelihood of consumer confusion is generally determined by applying a multipart test that considers, among other things, consumer sophistication. |
True |
False |
| 4. |
Once a party secures a trademark, no one else can use that mark in connection with any other type of goods or services. |
True |
False |
| 5. |
Trademark dilution occurs from overuse of a mark, or as a result of soaking a mark in water. |
True |
False |
| 6. |
A plaintiff must establish actual dilution to prevail on a dilution claim. |
True |
False |
| 7. |
A plaintiff is not required to prove actual loss of sales or profits to prevail on a dilution claim. |
True |
False |
| 8. |
An â symbol can only be used by trademark owners who have obtained a federal registration for their mark. |
True |
False |
| 9. |
Like “common law marriages,” there is no such thing as “common law trademarks” in California. |
True |
False |
| 10. |
By obtaining a federal registration for a mark, the mark holder acquires a nationwide constructive date of first usage from the date the trademark application is filed with the United States Copyright Office. |
True |
False |
| 11. |
A federal registration is prima facie evidence of ownership. |
True |
False |
| 12. |
Using the â symbol without a federal registration is permitted so long as the mark holder obtains a federal registration within one year of use. |
True |
False |
| 13. |
Senior trademark users forfeit their rights in all geographic areas upon a junior user’s federal registration of the trademark. |
True |
False |
| 14. |
Trademarks last for 25 years from first use, or life of the trademark holder plus 20 years—whichever is longer. |
True |
False |
| 15. |
Failure to use a trademark for three years will result in its abandonment. |
True |
False |
| 16. |
A trademark that becomes so widely associated with the generic product it identifies that the consuming public begins referring to all products of that type by the mark may lose its legal protection. |
True |
False |
| 17. |
The level of protection that a mark provides and its ability to serve as a mark depends on where it falls on a continuum that ranges from generic to coined, fanciful, or arbitrary. |
True |
False |
| 18. |
Kleenex and Xerox may be trademarks, but not the roar of the MGM lion. |
True |
False |
| 19. |
Before a party can establish trademark infringement, he or she must show that an actual sale of the goods or services occurred as a result of the consumer’s confusion. |
True |
False |
| 20. |
It’s generally not a good idea to hang up on prospective clients, even when they phone with irksome questions. |
True |
False |