Question 1

In determining whether a mark is distinctive and famous under the Federal Trademark Dilution Act, a court may consider factors such as:

Accepted Answer

A)  the duration and extent of the use. 
B)  the degree of recognition of the mark. 
C)  the degree of inherent or acquired distinctiveness of the mark. 
D)  All of these. 
A)  the duration and extent of the use. 
B)  the degree of recognition of the mark. 
C)  the degree of inherent or acquired distinctiveness of the mark. 
D)  All of these. D

Question 2

The designation "TM" or "SM" cannot be used until and unless the mark is registered.

Accepted Answer

A) True 
 B)False  False

Question 3

Wanda has an idea for a novel, but she won't have time to write it until next year. She may protect it by means of:

Accepted Answer

A)  a patent. 
B)  a copyright. 
C)  registration of the idea. 
D)  An idea that has not yet been developed into a tangible form cannot be protected. 
A)  a patent. 
B)  a copyright. 
C)  registration of the idea. 
D)  An idea that has not yet been developed into a tangible form cannot be protected. D

Question 4

Identify the following trade symbols according to their type. 
a. The Underwriter's Laboratory Mark. 
b. The apple used by Apple Computers. 
c. The "GM" symbol that appears on General Motors' automobiles. 
d. The "A" symbol used by American Airlines. 
e. The Muppets characters Miss Piggy and Kermit the Frog. 
f. The union-made symbol.

Accepted Answer

a. Certification mark. 
b. Tra

Question 5

Federal registration of a mark under the Lanham Act:

Accepted Answer

A)  permits the registrant to use the federal courts to enforce the mark. 
B)  is required to establish rights in the mark. 
C)  makes the registrant's exclusive right to use the mark incontestable after three years. 
D)  All of these. 
A)  permits the registrant to use the federal courts to enforce the mark. 
B)  is required to establish rights in the mark. 
C)  makes the registrant's exclusive right to use the mark incontestable after three years. 
D)  All of these.

Question 6

A corporation in the business of developing genetically engineered pharmaceutical products has developed a new genetically engineered microorganism that it would like to protect. The corporation may patent the microorganism.

Accepted Answer

A) True 
 B)False

Question 7

Copyright infringement may be unintentional.

Accepted Answer

A) True 
 B)False

Question 8

How long does a copyright last?

Accepted Answer

A)  Exactly 25 years. 
B)  17 years. 
C)  Exactly 50 years. 
D)  The author's life plus 70 years. 
A)  Exactly 25 years. 
B)  17 years. 
C)  Exactly 50 years. 
D)  The author's life plus 70 years.

Question 9

A mark distinctive enough to clearly identify the origin of the goods or services can be protected under:

Accepted Answer

A)  the Federal Copyright Act. 
B)  the Lanham Act. 
C)  the Berne Convention. 
D)  compulsory licenses. 
A)  the Federal Copyright Act. 
B)  the Lanham Act. 
C)  the Berne Convention. 
D)  compulsory licenses.

Question 10

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

Accepted Answer

A) True 
 B)False

Question 11

The fraudulent marketing of one person's goods as those of another is referred to as:

Accepted Answer

A)  palming off goods. 
B)  trade secrets. 
C)  dilution. 
D)  a tying arrangement. 
A)  palming off goods. 
B)  trade secrets. 
C)  dilution. 
D)  a tying arrangement.

Question 12

Under copyright law, the doctrine of works for hire states that:

Accepted Answer

A)  if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B)  if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes. 
C)  if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D)  a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright. 
A)  if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B)  if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes. 
C)  if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D)  a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright.

Question 13

Under the Leahy-Smith America Invents Act signed into law in 2011:

Accepted Answer

A)  a patent will be awarded to the first inventor to file an application for the invention. 
B)  a patent will be awarded to the first person to create an invention. 
C)  patents granted after January 2012 may be renewed for one additional term. 
D)  the patent application process will be more complicated, but it will harmonize the U.S. system with systems commonly used in other countries with which the U.S. trades. 
A)  a patent will be awarded to the first inventor to file an application for the invention. 
B)  a patent will be awarded to the first person to create an invention. 
C)  patents granted after January 2012 may be renewed for one additional term. 
D)  the patent application process will be more complicated, but it will harmonize the U.S. system with systems commonly used in other countries with which the U.S. trades.

Question 14

The NET Act was enacted to:

Accepted Answer

A)  require publication of certain utility and plant patent applications 18 months after filing even if the patent has not yet been granted. 
B)  protect the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, uses a domain name which is a protected trademark or word. 
C)  extend U.S. copyright protection to works required to be protected under the World Intellectual Property Organization Copyright Treaty and the WIPO Performances and Phonograms Treaty. 
D)  to close a loophole in the Copyright Act which permitted infringers to pirate copyrighted works willfully and knowingly as long as they did not do so for profit. 
A)  require publication of certain utility and plant patent applications 18 months after filing even if the patent has not yet been granted. 
B)  protect the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, uses a domain name which is a protected trademark or word. 
C)  extend U.S. copyright protection to works required to be protected under the World Intellectual Property Organization Copyright Treaty and the WIPO Performances and Phonograms Treaty. 
D)  to close a loophole in the Copyright Act which permitted infringers to pirate copyrighted works willfully and knowingly as long as they did not do so for profit.

Question 15

The characters and the names of a television show may be registered as collective marks.

Accepted Answer

A) True 
 B)False

Question 16

Intellectual property consists of which of the following?

Accepted Answer

A)  Trade secrets. 
B)  Patents. 
C)  Trade symbols. 
D)  All of these are considered intellectual property. 
A)  Trade secrets. 
B)  Patents. 
C)  Trade symbols. 
D)  All of these are considered intellectual property.

Question 17

Which of the following remedies is NOT available for patent infringement?

Accepted Answer

A)  Attorneys' fees in some but not all cases. 
B)  An accounting for profits. 
C)  Treble damages when appropriate. 
D)  Injunctive relief. 
A)  Attorneys' fees in some but not all cases. 
B)  An accounting for profits. 
C)  Treble damages when appropriate. 
D)  Injunctive relief.

Question 18

An artist would like to protect one of her original oil paintings from being sold as original prints. She may protect her painting by applying for a:

Accepted Answer

A)  copyright. 
B)  patent. 
C)  trademark registration. 
D)  service mark registration. 
A)  copyright. 
B)  patent. 
C)  trademark registration. 
D)  service mark registration.

Question 19

The effect of a "secondary meaning" is that it may make a mark distinctive enough to allow it to be protected by the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 20

For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

Accepted Answer

A) True 
 B)False

Exam 40: Intellectual Property

In determining whether a mark is distinctive and famous under the Federal Trademark Dilution Act, a court may consider factors such as:

The designation "TM" or "SM" cannot be used until and unless the mark is registered.

Wanda has an idea for a novel, but she won't have time to write it until next year. She may protect it by means of:

Federal registration of a mark under the Lanham Act:

A corporation in the business of developing genetically engineered pharmaceutical products has developed a new genetically engineered microorganism that it would like to protect. The corporation may patent the microorganism.

Copyright infringement may be unintentional.

How long does a copyright last?

A mark distinctive enough to clearly identify the origin of the goods or services can be protected under:

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

The fraudulent marketing of one person's goods as those of another is referred to as:

Under copyright law, the doctrine of works for hire states that:

Under the Leahy-Smith America Invents Act signed into law in 2011:

The NET Act was enacted to:

The characters and the names of a television show may be registered as collective marks.

Intellectual property consists of which of the following?

Which of the following remedies is NOT available for patent infringement?

An artist would like to protect one of her original oil paintings from being sold as original prints. She may protect her painting by applying for a:

The effect of a "secondary meaning" is that it may make a mark distinctive enough to allow it to be protected by the Lanham Act.

For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

Introduction to Law

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