Chapter 81.A beverage company that competes with Coca-Cola Company cannot call its products “Koke.”
6.An applicant cannot register a trademark on the basis of an intention to use the mark in
9.The unauthorized use of another’s mark in a domain name is generally permissible because
10. A trade name cannot be protected if it is unusual or fanciful. False
11. A generic term is not protected under trademark law unless it acquires a secondary
12. Trade dress has the same legal protection as trademarks. True
13. A license permits the use of intellectual property for certain limited purposes. True
14. A certification mark distinguishes products approved, or “certified,” by the government.
15. A trade name cannot be registered with the federal government unless it is also a trademark
16. Patent protection begins on the date that a patent is issued. False
17. A patent applicant must demonstrate that an invention is “commercially practicable” to
18. Almost anything is patentable.True
19. Patent infringement occurs only if an invention is copied in its entirety. False
20. A copy must be exactly the same as the original to infringe a copyright. False
21. Copyright protection is automatic—registration is not required. True
sui generis
Definition from Nolo’s Plain-English Law Dictionary(soo-ee jen-ris) Latin for of its own kind, and used to describe a form of legal protection that exists outside typical legal protections -- that is, something that is unique or different. In intellectual...
Supplemental Register
Definition from Nolo’s Plain-English Law DictionaryA secondary list of trademarks and service marks maintained by the U.S. Patent and Trademark Office. The Supplemental Register provides limited trademark rights and benefits and consists of marks that do...
Trade Dress
Definition
The design and shape of the materials in which a product is packaged. Product configuration, the design and shape of the product itself, may also be considered a form of trade dress.
The Lanham Act protects trade dress if it serves the...
Trade name
A type of mark used to identify a company, partnership, or business rather than goods or services. Trade names cannot be registered under the Lanham Act unless they actually function to identify the source of particular goods or services rather than...
Trade secret
Overview
The Uniform Trade Secrets Act ("UTSA") is a piece of legislation created by the Uniform Law Commission (ULC), a non-profit organization. The USTA defines trade secrets and describes claims related to trade secrets. To date, 47 states and the...
Trademark
Definition
A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. See 15 U.S....
Trademark infringement
Overview
Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods. Trademark law is a federal issue, and as such, the...
trademark owner
Definition from Nolo’s Plain-English Law DictionaryThe person or entity who retains legal control over all (or some) of the rights granted under trademark law, usually the first business to use a distinctive trademark on goods or services in commerce....
trademark registration
Definition from Nolo’s Plain-English Law DictionaryA grant by a state or the federal government indicating that a trademark has met certain statutory requirements. Federal trademark registration makes it easier for the owner to protect against would-be...
trademark search
Definition from Nolo’s Plain-English Law DictionaryAn investigation to discover any potential conflicts between a proposed trademark and existing ones, and preferably done before a new trademark is used in commerce. A trademark search reduces the...