Deck 14: Trademarks, Copyrights, Patents, and Trade Secrets Stage Five: the Franchisee

Question 1

Which of the following is a word,name,phrase,symbol,or design that is used by a manufacturer or merchant to identify and distinguish its goods from those sold by others?

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

Answer 1

B
A trademark is a word,name,phrase,symbol,or in some cases a design that is used by a manufacturer or merchant to identify and distinguish its goods from those sold by others and to indicate the source of a product or the quality of a product

Question 2

When does a trade secret become enforceable?

A)when it is developed
B)when it is filed with a federal agency
C)when a Confidentiality Agreement is signed
D)when it is shared with a certain percentage of the firm's employees

Answer 2

A
In most business situations several people-sometimes dozens of people-may be involved in developing and securing the trade secret.There are two ways that a trade secret owner can protect the information while sharing it with other people: by contract (Confidentiality Agreement)or by the existence of a special relationship,such as with an employee,where a duty of confidentiality and loyalty exists.A trade secret need not be filed with any federal agency in order to be enforceable.

Question 3

Which of the following qualities is NOT one of the requirements for an invention to be eligible for a Utility Patent?

A)new
B)distinctive
C)useful
D)non-obvious

Answer 3

B
In order to be eligible for a patent,an invention must fall into broad statutory categories,and it must be new,useful,and non-obvious to one of ordinary skill in the art to which the subject matter pertains

Question 4

Which of the following documents outlines how the intellectual property of the franchise is to be used by the franchisee?

A)the Confidentiality Agreement
B)the Intellectual Property Contract
C)the Franchise Agreement
D)the Operations Manual

Question 5

Which of the following is a protectable property right granted by the government that protects an invention,new device,or innovation?

A)patent
B)copyright
C)trade secret
D)trademark

Question 6

When do copyright laws go into effect for a written work?

A)when the work is published
B)when the work is written
C)when the work is registered
D)when a copyright notice is attached to it

Question 7

What element of the Sherman Act does the Rule of Reason help the courts enforce?

A)prohibition of tying arrangements
B)prohibition of unfair competition
C)prohibition of any contract which restrains trade
D)prohibition of contracts and conspiracies that unreasonably restrain trade

Question 8

Which of the following is a property right provided by the government in an original work of author?ship that is fixed in a tangible form?

A)service mark
B)trade secret
C)copyright
D)trademark

Question 9

Which of these qualities makes for the strongest kind of trademark or service mark?

A)availability
B)descriptiveness
C)originality
D)distinctiveness

Question 10

Which of the following does the trademark most often represent?

A)the source of a product
B)the name of a product
C)a standard of quality
D)a protectable property right