Question

QUESTION 41

1. Fanciful, arbitrary, suggestive marks; such as Xerox, Google and Apple, have acquired the necessary secondary meaning for obtaining trademark protection

   True

   False

1 points   

QUESTION 42

1. Generic terms such as aspirin, escalator and cornflakes have acquired a secondary meaning, but they are not entitled to trademark protection

   True

   False

1 points   

QUESTION 43

1. Trademark common law was created just for commercial products therefore service marks are not protected by common law

   True

   False

1 points   

QUESTION 44

1. Trade dress refers to the overall image, decor and appearance of a product, but without the same trademark protections as a product.

   True

   False

1 points   

QUESTION 45

1. A patent is similar to trademarks and is protected upon first use, however it is a good idea to register in order to provide notice to the world that you own the patent

   True

   False

1 points   

QUESTION 46

1. Virtually anything is patentable except for laws of nature, natural phenomena and abstract ideas

   True

   False

1 points   

QUESTION 47

1. An abstract idea is protected by copyright law, but only after it has been placed into tangible form; also copyright registration is not required

   True

   False

1 points   

QUESTION 48

1. The Fair Use Doctrine is an exception to copyright infringement liability

   True

   False

1 points   

QUESTION 49

1. According to the First Use Doctrine, I can buy a book and reproduce it (within reasonable limits) for the first use, thereafter I would have to pay a royalty

   True

   False

1 points   

QUESTION 50

1. A trade secret is no longer a trade secret if it is disclosed, therefore if a key employee with knowledge of a trade secret resigns or is fired, you probably have lost your trade secret

   True

   False

Answer 1

1. True

Devices that are factful, artirary and suggestive are considered distinctive enough to function as trademark. That means, if a device is descriptive, the device can function as atrademark or service mark only if it has obtained secondary meaning.

2. True

Generic terms can never be a trademark, becouse they do not have source-identifying significance.

3. False

A trademark offers legal protection for logo, symbol, phrase, word, design or name that represents goods or product.A servicemark offers similar protection for service.

When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used (the same symbol is used to mark registered trademarks).

4.False

Trade dress can be protected through common law rights.Generally , an application to register trade dress must include all the same content as a trade application.

5. False

Patents prevent others from making or selling an invention, but trademarks protect the words, phrases, symbols, logos, or other devices used to identify the source of goods or services from usage by other competitors.

6. True

Visually anthing is patentable as long as it fits within one of these categories; process, machine, manufacture and composition of matter.In 1952 Patent Act, three things not patentable are; Abstract ideas, Laws of nature and Natural phenomena.

7.False

Copyright does not protect ideas concept, systemsor methods of doing something, only an expression of the ideas in writting or drawing and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in written or aristic work.

8. True

Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder.

9. True

10. True

Thank you....