Trademarks

Question 1

What are the 4 main types of Intellectual Property (IP)?

Answer 1

Trademark (brands/logos), Patent (inventions), Copyright (creative works), Trade Secret (confidential business info)

Question 2

Which IP types are fully protected under federal law?

Answer 2

Copyrights and Patents.

Question 3

Which IP types get partial or non-exclusive protection under federal law?

Answer 3

Trademarks and Trade Secrets.

Question 4

Which IP types are also protected under state law?

Answer 4

Trademarks and Trade Secrets.

Question 5

What is a trademark?

Answer 5

Any word, name, symbol, or design used to identify goods/services and distinguish them from others.

Question 6

What does a Trademark identify?

Answer 6

A brand name or logo for a product.

Question 7

What does a Service Mark identify?

Answer 7

A name or symbol for a service.

Question 8

What is a Trade Name?

Answer 8

The name of a company.

Question 9

What is Trade Dress?

Answer 9

The product’s overall look/feel/packaging (e.g., Coca-Cola bottle shape).

Question 10

What is a Certification Mark?

Answer 10

A symbol showing quality, region, or standards (e.g., USDA Organic).

Question 11

What is a Collective Mark?

Answer 11

A symbol showing membership in an organization (e.g., NFL team logos).

Question 12

What is trademark infringement?

Answer 12

Using a similar or identical mark that causes consumer confusion.

Question 13

What test is used to prove trademark infringement?

Answer 13

Likelihood of Confusion test.

Question 14

What is trademark dilution?

Answer 14

Using a similar mark that weakens or tarnishes a famous trademark.

Question 15

What is the ‘Average Purchaser Standard’ in trademark law?

Answer 15

Courts consider whether the average person would be confused—not through side-by-side comparison.

Question 16

What must a plaintiff prove in a dilution claim?

Answer 16

1. They own a famous trademark, 2. Defendant used a similar mark in commerce, 3. Likely connection, 4. Leads to blurring or tarnishment.

Question 17

What are the categories of trademark distinctiveness?

Answer 17

Generic (no protection), Descriptive (needs secondary meaning), Suggestive, Arbitrary/Fanciful.

Question 18

Which trademark types are strongest?

Answer 18

Arbitrary and Fanciful (e.g., Apple, Google).

Question 19

What is required for trademark registration?

Answer 19

You must be using the trademark in commerce—it can’t be unused.

Question 20

What are three trademark protection systems?

Answer 20

Federal Registry (USPTO), State Registry, Common Law.

Question 21

What is the benefit of federal trademark registration?

Answer 21

Nationwide protection, public notice, ability to sue in federal court, block similar marks, claim damages.

Question 22

What does federal/state unfair competition law protect against?

Answer 22

Unregistered mark misuse and deceptive practices like false advertising.

Question 23

What does ® mean?

Answer 23

Registered trademark.

Question 24

What does ™ mean?

Answer 24

Unregistered trademark.

Question 25

What does ℠ mean?

Answer 25

Unregistered service mark.

Question 26

What is a cyber mark?

Answer 26

A trademark used as part of a domain name (e.g., nike.com).

Question 27

Why are cyber marks important?

Answer 27

Using someone else's trademark in a domain name can cause infringement or cybersquatting.

Question 28

What is a Second Level Domain (SLD)?

Answer 28

The part of a domain chosen by the entity, often a brand (e.g., 'psu' in psu.edu).

Question 29

What is a Top Level Domain (TLD)?

Answer 29

The category after the dot in a domain (e.g., .com, .edu, .org).

Question 30

How are domain names bought and sold?

Answer 30

Through ICANN-approved registrars with registration and renewal fees.

Question 31

Who handles domain disputes?

Answer 31

ICANN through UDRP (Uniform Domain-Name Dispute Resolution Policy) and URS (Uniform Rapid Suspension).

Question 32

What is cybersquatting?

Answer 32

Registering a domain name similar to a trademark to sell it or harm the brand.

Question 33

What can trademark owners do about cybersquatting?

Answer 33

Negotiate, file ICANN complaint, use UDRP/URS, sue under ACPA or Lanham Act.

Question 34

What are meta tags?

Answer 34

Hidden keywords in websites used to boost search visibility.

Question 35

Can using trademarks in meta tags be legal?

Answer 35

Yes, if it passes the Nominative Use Test.

Question 36

What is the Nominative Use Test?

Answer 36

Trademark use must be necessary to describe the product and not imply endorsement.