Trademarks

Question 1

A service mark is very similar to a trademark, except that it is used to distinguish services provided by one enterprise from those of other enterprises. The notion of ‘services’ refers to activities of an tangible nature.

Answer 1

False

Question 2

A product’s shape is a sign which may not constitute a trade mark.

Answer 2

False

Question 3

Trade marks are not protected by intellectual property rights.

Answer 3

False

Question 4

A colour mark is a trade mark that consists exclusively of a single colour without contour (colour per se) and a combination of colours.

Answer 4

False

Question 5

A colour mark is a trade mark that consists of a colour or a combination of colours.

Answer 5

False

Question 6

A sound mark is defined as a trade mark consisting, inter alia, of a sound.

Answer 6

False

Question 7

A multimedia mark is defined as a trade mark consisting of, or extending to, the combination of image.

Answer 7

False

Question 8

A motion mark is a trade mark consisting of, or extending to, a movement and a change in the position of the elements of the mark

Answer 8

.False

Question 9

According to the amended EU legislation, a sign can be registered if it is capable of distinguishing the goods or services of an undertaking from those of other undertakings and being represented in a manner which enables the competent authorities to determine the clear and precise subject matter of the protection afforded to its proprietor.

Answer 9

False

Question 10

The recent EU Trademark Reform – pursuant to Regulation 2017/1001 and Directive 2015/2436/EU - abolished the original requirement of ‘graphical representation’ of the sign. Signs can be represented in any appropriate form as long as the representation is clear, precise, accessible, intelligible, durable and objective. This specific criteria now comprise the legal standard known as the Sieckmann Criteria.

Answer 10

False

Question 11

A certification mark is a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality and accuracy.

Answer 11

False

Question 12

The Paris Convention for the Protection of Industrial Property does not apply to service marks.

Answer 12

False

Question 13

The Agreement on Trade Related Aspects of Intellectual Property Rights deals expressly with unregistered trade marks.

Answer 13

False

Question 14

The Paris Convention for the Protection of Industrial Property provides for the right of priority in the case of marks. Thus, any person who has duly filed an application for the registration of a trade mark, in one of the countries of the Union, shall enjoy, for the purpose of filing in the other countries, a right of priority during the period of 12 months.

Answer 14

False

Question 15

Under the Paris Convention for the Protection of Industrial Property, you may obtain registration of a mark containing the representation of the flag of country A, provided however that such registration is being requested in a different country (B or C).

Answer 15

False

Question 16

The protection provided by Article 6ter of the Paris Convention for the Protection of Industrial Property (Paris Convention) is only applicable in respect of armorial bearings, flags and other State emblems of those States party to the Paris Convention and the WTO members, as well as official signs and hallmarks indicating control and warranty adopted by them which have been communicated to the International Bureau of WIPO.

Answer 16

True

Question 17

The Nice International Classification is also applied in a number of countries not party to the Nice Agreement.

Answer 17

True

Question 18

Unlike the Paris Convention for the Protection of Industrial Property, the TRIPS Agreement contains provisions regarding the scope of protection that the owner enjoys (the exclusive right to prevent all third parties from using identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion).

Answer 18

True

Question 19

The Singapore Treaty on Laws of Trademarks is generally applicable to all types of marks which are accepted for registration under the law of a given Contracting Party.

Answer 19

While the Trademark Law Treaty focuses on paper-based procedures, the Singapore Treaty on Laws of Trademarks contains rules on communications in electronic form and by electronic means of transmittal.

Question 20

The most widely used method for the classification of goods and services is embodied in the:

Answer 20

Nice system for classification of trademarks

Question 21

Using the ROMARIN database provided by WIPO (http://www.wipo.int/romarin/), check if the following trademarks or similar trademarks have already been registered. (mark for yes)

Answer 21

• “Romarin” for CD-ROM disks for mark documentation
• “Peter Pan” for coffee
• “Loulou” for soaps

Question 22

Only one answer is correct: which one? Rights from a trademark registration can be exercised by its owner:

Answer 22

In the country of registration and, provided that it is well-known, also in other countries.

Question 23

The mere fact that the goods and services concerned are within the same class of the Nice Classification is not sufficient that the these goods must be considered as similar.

Answer 23

True

Question 24

Trademark applications can be rejected by a Trademark office based on:

Answer 24

It depends on local laws

Question 25

ARIPO, EUIPO and OAPI are:

Answer 25

Regional trademark offices where a trademark can be registered for protection in all their member states

Question 26

The Madrid Agreement and Madrid Protocol:

Answer 26

Make it possible to protect a mark in a large number of countries by obtaining an international registration, based on a national or regional trademark, which has effect in each member state that has been designated.

Question 27

Only one answer is correct: which one? The concept of “central attack” embodied in the Madrid system means that:

Answer 27

For the first five years following the effective date of the international registration, its validity and scope will depend upon the fate of the basic home application or registration.

Question 28

The international application under the Madrid system must contain, inter alia,

Answer 28

a reproduction of the mark, a list of the goods or services for which protection is sought, classified in accordance with the current edition of the Nice International Classification of Goods and Services, and the designation of the countries in which the mark is to be protected.

Question 29

The Madrid system of international registration of marks is administered by the International Bureau of the World Intellectual Property Organization.

Answer 29

Protection can be obtained only in those countries which are party to the Madrid system of international registration of marks.

Question 30

Distinctiveness is an attribute that can be acquired with time and effort.

Answer 30

True

Question 31

The distinctive character of a mark including that acquired by use, must be assessed in concreto (i.e. in relation to the goods or services to which the trade mark is applied).

Answer 31

The demand for a trademark to have a distinctive character is focused on how the trade mark would be perceived by the average consumer of the goods or services covered by the application, or at least by the persons to whom the sign is addressed.

Question 32

In some jurisdictions a sign which is inherently devoid of distinctive character can be registered if, before the date of application for registration and following the use which has been made of it, it has acquired a distinctive character.

Answer 32

To establish a secondary meaning of the mark the competent authority must taken into account, inter alia, the amount invested by the undertaking in promoting the mark.

Question 33

Coined trademarks are invented words without any intrinsic or real meaning.

Answer 33

Coined words are more likely to be considered inherently distinctive.

Question 34

The word “vegetable” cannot be registered as a trademark for grocery services, since it is descriptive of items which a grocery sells. The sign is not sufficiently arbitrary for the goods and services covered and lacks therefore distinctiveness.

Answer 34

True

Question 35

Trademarks that are likely to deceive the public, for example, as to the nature or quality of the goods are not, in the interest of the public, eligible for protection. The test here is for intrinsic deception inherent in the trade mark itself when associated with the goods or services for which it is proposed.

Answer 35

True

Question 36

In the context of relevant provision of Regulation 2017/1001 on the European Union TM the concept of «public policy» refers to the body of Union law applicable in a certain area, as well as to the legal order and the state of law as defined by the Treaties and secondary EU legislation, which reflect a common understanding of certain fundamental rules and values.

Answer 36

True

Question 37

Which of the following statement is true?

Answer 37

- “Banking operations” for banking services is descriptive, thus not distinctive. - “Apple-Pineapple” for fruity juices describes the composition of the product, thus is not distinctive. - A figurative sign representing Jesus Christ on his cross for labels of wines in some countries may be culturally offensive.

Question 38

A sign cannot be registered if it is contrary to accepted principles and values such as freedom or human rights.

Answer 38

Signs that are in bad taste can be registered.

Question 39

A trade mark, which has been validly registered, may become deceptive as a consequence of the use made by its owner on the market.

Answer 39

No evidence of use is required at filing for a registration renewal, as it is considered that the mere fact of looking for the renewal is evidence enough on the interest on continuing using the trademark.

Question 40

The owner of a registered trademark has the exclusive right to use it in the course of trade

Answer 40

True

Question 41

Goods and/or services have to be considered similar:

Answer 41

The consuming public would be likely to believe that they came from the same source.

Question 42

The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from:

Answer 42

Using and registering a trademark that is identical or confusingly similar with his prior trademark for identical or similar goods and services.

Question 43

A well-known trademark obtains a wider protection for the mere fact of being well-known. It is not necessary to consider the extent of reputation of the mark, the type of goods for which it is used by the infringer, the manner in which he presents his goods.

Answer 43

False

Question 44

The following are items to be considered at deciding whether a trademark is well known: the degree of knowledge or recognition of the mark in the relevant sector of the public; duration, extent and geographical area of promotion and use of the mark.

Answer 44

True

Question 45

Well-known or famous marks, which are highly reputed, are given protection that goes beyond the scope of similarity of the goods in most countries.

Answer 45

True

Question 46

Broader protection is granted always and not only if the use of a sign without due cause by a third party would take unfair advantage to the distinctive character or the reputation of the trademark.

Answer 46

False

Question 47

The principle of exhaustion of trademark rights means that, when the trade mark owner has launched a product on the market under his mark, he cannot object to further sales of the product in the course of trade

Answer 47

The principle of exhaustion of trademark rights applies only to the right to launch the product bearing the trade mark on the market for the first time.

Question 48

Counterfeiting

Answer 48

occurs when in case of use of an identical or undistinguishable trade mark, typically for goods which are themselves replicating those of the TM owner.

Question 49

Which of the following statement is true? In case of infringement or counterfeiting the trademark owner may seek:

Answer 49

Civil, criminal and administrative remedies.

Question 50

Civil remedies may be preferred in case of infringement.

Answer 50

Criminal remedies may be more apt for trademark counterfeiting

Question 51

Which of the following statement is true ?

Answer 51

- A ‘cease and desist letter’ is often the first formal step taken to inform the alleged trademark infringer of the possible existence of a conflict. - Provisional injunctions can be obtained in case of infringement or threat of infringement without delay, at the end of a urgent, summary proceeding. - Definitive injunctions are awarded at the end of an infringement proceeding, generally held in front of a civil court.

Question 52

Which of the following statement is true ?

Answer 52

- In principle, the right holder can obtain a sum which is adequate to compensate him/her for the actual damage that he has suffered because of the infringement only if the infringer did know or had reasonable grounds to know that he was violating someone else’s trademark rights. - In case of unconscious infringement the right holder may obtain in some jurisdictions the restitution of profits made by the infringer or a pre-established sum. - Some national laws provide also for «punitive damages» (i.e. orders to pay a sum which goes far beyond the actual damage suffered by the trademark holder).

Question 53

The basic instrument establishing procedures for the registration of designs at the international level is:

Answer 53

The Hague Agreement The Hague Agreement Concerning the International Registration of Industrial Designs is the international instrument administered by WIPO which regulates the procedures of registration of industrial at the international level. The Paris Convention and TRIPS Agreement do not deal with registration procedures, defining solely the minimum standards of protection that has to be granted by member States on their respective territories.

Question 54

True or false? An applicant for the design protection in one of the EU member states is obliged to choose the design protection at one level only (either national or EU one)

Answer 54

False

Question 55

True or false? The protection of a design by an unregistered Community designs right excludes the opportunity of formal protection of this design by the Community registered design right.

Answer 55

False

Question 56

True or false? Under the Paris Convention and TRIPS a sui generis design protection is a mandatory form of design protection at the national level.

Answer 56

False

Question 57

May a design of the arrangement of the interior of a hotel room be registered as a Community design?

Answer 57

Yes

Question 58

May a computer screen icon be registered as a Community design?

Answer 58

Yes

Question 59

May a work of art (e.g. a painting) be registered as a Community design?

Answer 59

Yes

Question 60

The holder of a registered design can stop anyone using the design, regardless of whether that use results from copying that design.

Answer 60

True

Question 61

Under the Community Design Regulation the use of a registered design for private purposes is allowed.

Answer 61

True

Question 62

The Community registered design is infringed by acts done for experimental purposes.

Answer 62

False

Question 63

A registration may be challenged on the ground that the registered proprietor is not the proprietor of the design.

Answer 63

True

Question 64

A registration may not be challenged on the ground that the design does not meet the requirement of novelty.

Answer 64

False

Question 65

Protection by the Unregistered Community Design Right preempts the protection of the same design by copyright.

Answer 65

No

Question 66

Design features which are solely dictated by its technical function are protectable cumulatively under the design and patent regime.

Answer 66

No

Question 67

After the lapse of the registered design right the protection of the same design under the copyright regime is excluded in the EU in order to protect the public domain.

Answer 67

No

Question 68

A design having individual character is automatically capable of distinguishing goods of one undertaking from those of another.

Answer 68

No

Question 69

In the EU protection of design under the sui generis design regime preempts copyright protection of the same design

Answer 69

No

Question 70

TRUE or FALSE A trade mark is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises.

Answer 70

TRUE

Question 71

TRUE or FALSE The above mentioned concept of ‘goods’ refers to products on which the trade mark can be physically affixed, directly or by means of labels or packaging.

Answer 71

TRUE

Question 72

TRUE or FALSE A service mark is a trademark used to identify a service. The notion of ‘services’ refers to activities of an intangible nature.

Answer 72

TRUE

Question 73

TRUE or FALSE A service mark is very similar to a trademark, except that it is used to distinguish services provided by one enterprise from those of other enterprises. The notion of ‘services’ refers to activities of an tangible nature.

Answer 73

FALSE

Question 74

TRUE or FALSE Any distinctive word, letter, numeral, drawing, picture, shape, color, logotype, label or combination used to distinguish goods or services may be considered a trade mark.

Answer 74

TRUE

Question 75

TRUE or FALSE A product’s shape is a sign which may not constitute a trade mark.

Answer 75

FALSE

Question 76

TRUE or FALSE The registration of less traditional forms of trade marks – such as single colors, audible signs, olfactory signs, taste signs – may be subject to limits in certain countries.

Answer 76

TRUE

Question 77

TRUE or FALSE Any distinctive word, letter, numeral, drawing, picture, shape, color and logotype used to distinguish goods or services may be considered a trade mark.

Answer 77

FALSE

Question 78

TRUE or FALSE Trade marks are not protected by intellectual property rights.

Answer 78

FALSE

Question 79

TRUE or FALSE Trademarks are classified as the intellectual property, along with patents and copyrights, among others.

Answer 79

TRUE

Question 80

TRUE or FALSE A word mark is a typewritten mark with elements including letters, words, numerals, standard typographic characters or a combination of verbal and figurative or otherwise graphical elements.

Answer 80

TRUE

Question 81

TRUE or FALSE A shape mark is a mark consisting of, or extending to, a three-dimensional shape, including containers, packaging, the product itself or its appearance.

Answer 81

TRUE

Question 82

TRUE or FALSE A position mark is defined as a trade mark consisting of the specific way in which the trade mark is placed on or affixed to the product

Answer 82

TRUE

Question 83

TRUE or FALSE A hologram mark is defined as a trade mark consisting of elements with holographic characteristics.

Answer 83

TRUE

Question 84

TRUE or FALSE A colour mark is a trade mark that consists exclusively of a single colour without contour (colour per se) and a combination of colours.

Answer 84

FALSE

Question 85

TRUE or FALSE A colour mark is a trade mark that consists of a colour or a combination of colours.

Answer 85

FALSE

Question 86

TRUE or FALSE A figurative mark is a mark which may consisting, inter alia, of exclusively figurative elements, verbal elements in non standard fonts or verbal elements on more than one line.

Answer 86

TRUE

Question 87

TRUE or FALSE A figurative mark is a mark which may consisting, inter alia, of exclusively figurative elements, verbal elements in standard fonts and verbal elements on more than two lines.

Answer 87

FALSE

Question 88

TRUE or FALSE Trade marks combining movement with sounds do not qualify as motion marks.

Answer 88

TRUE

Question 89

TRUE or FALSE Trade marks combining movement with sounds should be applied for as motion marks.

Answer 89

FALSE

Question 90

TRUE or FALSE Tracer marks are coloured lines or threads applied to certain products.

Answer 90

TRUE

Question 91

TRUE or FALSE Tactile marks are relative to the texture of a surface, which may be for example a packaging product.

Answer 91

TRUE

Question 92

TRUE or FALSE In principle, smell and taste marks can be registered

Answer 92

TRUE

Question 93

TRUE or FALSE A sound mark is defined as a trade mark consisting, inter alia, of a sound.

Answer 93

FALSE

Question 94

TRUE or FALSE A multimedia mark is defined as a trade mark consisting of, or extending to, the combination of image and sound.

Answer 94

TRUE

Question 95

TRUE or FALSE A multimedia mark is defined as a trade mark consisting of, or extending to, the combination of image.

Answer 95

FALSE

Question 96

TRUE or FALSE Trade marks combining sounds with movement do not qualify as sound marks per se and should be applied for as multimedia marks.

Answer 96

TRUE

Question 97

TRUE or FALSE A pattern mark as a TM consisting exclusively of a set of elements that are repeated regularly

Answer 97

TRUE

Question 98

TRUE or FALSE A motion mark is defined as a trade mark consisting of, or extending to, a movement or a change in the position of the elements of the mark.

Answer 98

TRUE

Question 99

TRUE or FALSE A motion mark is a trade mark consisting of, or extending to, a movement and a change in the position of the elements of the mark.

Answer 99

FALSE

Question 100

TRUE or FALSE A motion mark is a trade mark consisting of a movement and a change in the position of the elements of the mark.

Answer 100

FALSE

Question 101

TRUE or FALSE A motion mark is a trade mark extending to a movement and a change in the position of the elements of the mark

Answer 101

FALSE

Question 102

TRUE or FALSE The recent EU Trademark Reform – pursuant to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union Trade Mark (Regulation 2017/1001) and Directive 2015/2436/EU of the European Parliament and of the Council of 16 December 20 to approximate the laws of the Member States relating to trade marks (Directive 2015/2436/EU) - abolished the original requirement of ‘graphical representation’ of the sign.

Answer 102

TRUE

Question 103

TRUE or FALSE The abolition of the graphic representation requirement was aimed at providing greater flexibility and enabling the registration of other types of trademarks.

Answer 103

TRUE

Question 104

TRUE or FALSE According to the amended EU legislation, a sign can be registered if it is capable of distinguishing the goods or services of an undertaking from those of other undertakings and being represented in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor

Answer 104

TRUE

Question 105

TRUE or FALSE According to the amended EU legislation, a sign can be registered if it is capable of distinguishing the goods or services of an undertaking from those of other undertakings and being represented in a manner which enables the competent authorities to determine the clear and precise subject matter of the protection afforded to its proprietor.

Answer 105

FALSE

Question 106

TRUE or FALSE The recent EU Trademark Reform – pursuant to Regulation 2017/1001 and Directive 2015/2436/EU - abolished the original requirement of ‘graphical representation’ of the sign. Signs can be represented in any appropriate form as long as the representation is clear, precise, accessible, intelligible, durable and objective. This specific criteria now comprise the legal standard known as the Sieckmann Criteria.

Answer 106

FALSE

Question 107

TRUE or FALSE The recent EU Trademark Reform – pursuant to Regulation 2017/1001 and Directive 2015/2436/EU - abolished the original requirement of ‘graphical representation’ of the sign. Signs can be represented in any appropriate form as long as the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.

Answer 107

TRUE

Question 108

TRUE or FALSE The recent EU Trademark Reform – pursuant to Regulation 2017/1001 and Directive 2015/2436/EU - abolished the original requirement of ‘graphical representation’ of the sign. Signs can be represented in any appropriate form as long as the representation is clear, precise and objective

Answer 108

FALSE

Question 109

TRUE or FALSE Generally, the term “non-traditional marks” covers marks, other than word, figurative or complex marks, that are used to identify goods or services

Answer 109

TRUE

Question 110

TRUE or FALSE A certification mark is a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality and accuracy

Answer 110

FALSE

Question 111

TRUE or FALSE A collective mark is a mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings.

Answer 111

TRUE

Question 112

TRUE or FALSE Trade names have in common with trademarks and service marks that they exercise a distinguishing function.

Answer 112

TRUE

Question 113

TRUE or FALSE Member states of the Paris Convention for the Protection of Industrial Property are not obliged to protect trade names.

Answer 113

FALSE

Question 114

TRUE or FALSE The Paris Convention for the Protection of Industrial Property does not deal expressly with unregisterd trade marks.

Answer 114

TRUE

Question 115

TRUE or FALSE The Agreement on Trade Related Aspects of Intellectual Property Rights deals expressly with unregisterd trade marks.

Answer 115

FALSE

Question 116

TRUE or FALSE The unregisterd trade marks tend to be protected where they have been actually used.

Answer 116

TRUE

Question 117

TRUE or FALSE Unregistered trade marks are signs used in the course of trade by one undertaking to distinguish his goods or services.

Answer 117

TRUE

Question 118

TRUE or FALSE | Trademark law is governed by the territoriality principle

Answer 118

TRUE

Question 119

TRUE or FALSE The European Union trade mark system consists of one single registration procedure that grants the owner an exclusive right in all Member States of the European Union.

Answer 119

TRUE

Question 120

TRUE or FALSE The Banjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organization provides for a centralized trademark registration procedure.

Answer 120

TRUE

Question 121

TRUE or FALSE The Paris Convention for the Protection of Industrial Property does not apply to service marks.

Answer 121

FALSE

Question 122

TRUE or FALSE Under the provisions on national treatment, the Paris Convention for the Protection of Industrial Property provides that, as regards the protection of industrial property, each country party to the Paris Convention must grant the same protection to nationals of the other member countries that it grants to its own nationals.

Answer 122

TRUE

Question 123

TRUE or FALSE The Paris Convention for the Protection of Industrial Property provides for the right of priority in the case of marks. Thus, any person who has duly filed an application for the registration of a trade mark, in one of the countries of the Union, shall enjoy, for the purpose of filing in the other countries, a right of priority during the period of 12 months.

Answer 123

FALSE

Question 124

TRUE or FALSE The Paris Convention for the Protection of Industrial Property regulates the conditions for filing and registration of marks.

Answer 124

FALSE

Question 125

TRUE or FALSE The conditions for the filing and registration of trade marks shall be determined in each country party to the Paris Convention for the Protection of Industrial Property by its domestic legislation.

Answer 125

TRUE

Question 126

TRUE or FALSE Pursuant to the Paris Convention for the Protection of Industrial Property the nature of the goods shall not form an obstacle to trademark registration.

Answer 126

TRUE

Question 127

TRUE or FALSE Under the Paris Convention for the Protection of Industrial Property, you may obtain registration of a mark containing the representation of the flag of country A, provided however that such registration is being requested in a different country (B or C).

Answer 127

FALSE

Question 128

TRUE or FALSE Pursuant to the Paris Convention for the Protection of Industrial Property, the fact that the owner has not registered or has not requested renewal of the mark in his country of origin has no legal consequences regarding the state of protection of such mark abroad.

Answer 128

TRUE

Question 129

TRUE or FALSE The protection granted by Article 6ter of the Paris Convention for the Protection of Industrial Property is limited to armorial bearings, flags and other State emblems of those States party to the Paris Convention and the World Trade Organization (WTO) members, as well as official signs and hallmarks indicating control and warranty adopted by them. Thus, flags of international intergovernmental organizations are not protected under the Paris Convention.

Answer 129

FALSE

Question 130

TRUE or FALSE The protection provided by Article 6ter of the Paris Convention for the Protection of Industrial Property (Paris Convention) is only applicable in respect of armorial bearings, flags and other State emblems of those States party to the Paris Convention and the WTO members, as well as official signs and hallmarks indicating control and warranty adopted by them which have been communicated to the International Bureau of WIPO.

Answer 130

TRUE

Question 131

TRUE or FALSE If a country’s trademark procedures impose conditions for filing or registration which are contrary to the Paris Convention, those procedures can be challenged in court.

Answer 131

FALSE

Question 132

TRUE or FALSE If I obtain a registration in my country of origin, all other members of the Convention must give me a registration, and cannot refuse my application on any grounds.

Answer 132

FALSE

Question 133

TRUE or FALSE If use of a mark is compulsory in a state in order to maintain registration, the registration cannot be challenged on that ground until after a reasonable period, and only if the owner cannot justify the non-use.

Answer 133

TRUE

Question 134

TRUE or FALSE The Paris Convention for the Protection of Industrial Property requires that the goods and services indicated in trademark applications be classified in accordance with the International Trademark Classification system (the so-called “Nice International Classification”).

Answer 134

FALSE

Question 135

TRUE or FALSE The Nice International Classification is also applied in a number of countries not party to the Nice Agreement.

Answer 135

TRUE

Question 136

TRUE or FALSE As opposed to the Paris Convention for the Protection of Industrial Property, the TRIPS Agreement lists explicitly a number of signs which are eligible for registration as a trademark.

Answer 136

TRUE

Question 137

TRUE or FALSE Contrary to the Paris Convention, the TRIPS Agreement requires service marks to be protected in the same way as marks distinguishing goods.

Answer 137

TRUE

Question 138

TRUE or FALSE Unlike the Paris Convention for the Protection of Industrial Property, the TRIPS Agreement contains provisions regarding the scope of protection that the owner enjoys (the exclusive right to prevent all third parties from using identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion).

Answer 138

TRUE

Question 139

TRUE or FALSE The TRIPS Agreement sets out limited exceptions to the exclusive rights of the owner, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties.

Answer 139

TRUE

Question 140

TRUE or FALSE While the Paris Convention for the Protection of Industrial Property has no provisions concerning the duration of protection for trademarks, the TRIPS Agreement specifies that an initial registration, and each renewal of registration, shall be for a term of no less than ten years.

Answer 140

FALSE

Question 141

TRUE or FALSE The TRIPS Agreement contains certain provisions on well-known marks which supplement the protection required by Article 6bis of the Paris Convention for the Protection of Industrial Property.

Answer 141

TRUE

Question 142

TRUE or FALSE Under the Trademark Law Treaty 1994 the initial duration and renewal period duration is standardized at seven years.

Answer 142

FALSE

Question 143

TRUE or FALSE The Singapore Treaty on Laws of Trademarks is generally applicable to all types of marks which are accepted for registration under the law of a given Contracting Party.

Answer 143

TRUE

Question 144

TRUE or FALSE While the Trademark Law Treaty focuses on paper-based procedures, the Singapore Treaty on Laws of Trademarks contains rules on communications in electronic form and by electronic means of transmittal.

Answer 144

TRUE

Question 145

TRUE or FALSE The Trademark Law Treaty is more comprehensive than the Singapore Treaty on Laws of Trademarks.

Answer 145

FALSE

Question 146

TRUE or FALSE The absolute grounds for refusal are those which are based on the existence of a prior conflicting mark.

Answer 146

FALSE

Question 147

TRUE or FALSE The absolute grounds for refusal are those which concern the intrinsic conditions of validity of a mark, provided for in the interest of consumer protection and those which are based on the existence of a prior conflicting mark.

Answer 147

FALSE

Question 148

TRUE or FALSE The mere fact that the goods and services concerned are within the same class of the Nice Classification is not sufficient that the these goods must be considered as similar.

Answer 148

TRUE

Question 149

TRUE or FALSE The ‘principle of specialty’ in trademarks means that the trademarks scope of protection is referred only to those goods or services that covers the trademark registration as well as the similar ones; exceptions might apply if the trademark is well-known.

Answer 149

TRUE

Question 150

TRUE or FALSE Trademark applications can be rejected by a Trademark office based on: Absolute grounds

Answer 150

FALSE

Question 151

TRUE or FALSE Trademark applications can be rejected by a Trademark office based on: Relative grounds

Answer 151

FALSE

Question 152

TRUE or FALSE Trademark applications can be rejected by a Trademark office based on: None of the foregoing but only if they are immoral or contrary to the public order

Answer 152

FALSE

Question 153

TRUE or FALSE Trademark applications can be rejected by a Trademark office based on: It depends on local laws

Answer 153

TRUE

Question 154

TRUE or FALSE ARIPO, EUIPO and OAPI are: Agencies of the United Nations engaged in the protection of intellectual property law

Answer 154

FALSE

Question 155

TRUE or FALSE ARIPO, EUIPO and OAPI are: Regional trademark offices where a trademark can be registered for protection in all their member states

Answer 155

TRUE

Question 156

TRUE or FALSE ARIPO, EUIPO and OAPI are: The Dutch, German and French acronyms for WIPO

Answer 156

FALSE

Question 157

TRUE or FALSE ARIPO, EUIPO and OAPI are: International trademark treaties governing the minimum requirements of a trademark application.

Answer 157

FALSE

Question 158

TRUE or FALSE The Madrid Agreement and Madrid Protocol: Provide for an autonomous trademark registration system for filing trademark applications with WIPO with immediate effect in all member states.

Answer 158

FALSE

Question 159

TRUE or FALSE The Madrid Agreement and Madrid Protocol: Are designed to streamline and harmonize administrative trademark procedures by defining a maximum of formal requirements that an Office of a member state may apply.

Answer 159

FALSE

Question 160

TRUE or FALSE The Madrid Agreement and Madrid Protocol: Prohibit the registration and use of trademarks which are identical to, or present a certain similarity with, armorial bearings, flags, and other State emblems of their member states.

Answer 160

FALSE

Question 161

TRUE or FALSE The Madrid Agreement and Madrid Protocol: Make it possible to protect a mark in a large number of countries by obtaining an international registration, based on a national or regional trademark, which has effect in each member state that has been designated.

Answer 161

TRUE

Question 162

TRUE or FALSE The concept of “central attack” embodied in the Madrid system means that: For the first five years following the effective date of the international registration, its validity and scope will depend upon the fate of the basic home application or registration.

Answer 162

TRUE

Question 163

TRUE or FALSE The concept of “central attack” embodied in the Madrid system means that: The owner of a prior trademark has to file an invalidation action centrally with WIPO to cancel the international registration.

Answer 163

FALSE

Question 164

TRUE or FALSE The concept of “central attack” embodied in the Madrid system means that: Trademark infringement proceedings based on an international registration can only be successful if they are brought before a court at the central headquarter of the infringer.

Answer 164

FALSE

Question 165

TRUE or FALSE The concept of “central attack” embodied in the Madrid system means that: Trademark infringement proceedings have to be based on the international registration as well as the underlying basic home registration in order to succeed.

Answer 165

FALSE

Question 166

TRUE or FALSE The international application under the Madrid system must contain, inter alia, a reproduction of the mark, a list of the goods or services for which protection is sought, classified in accordance with the current edition of the Nice International Classification of Goods and Services, and the designation of the countries in which the mark is to be protected.

Answer 166

TRUE

Question 167

TRUE or FALSE The international application under the Madrid system must contain only a reproduction of the mark, a list of the goods or services for which protection is sought, classified in accordance with the current edition of the Nice International Classification of Goods and Services, and the designation of the countries in which the mark is to be protected.

Answer 167

FALSE

Question 168

TRUE or FALSE An application for international registration must be presented to the World Intellectual Property Organization through the Office of origin.

Answer 168

FALSE

Question 169

TRUE or FALSE Upon receipt of an international application, World Intellectual Property Organization carries out an examination as to the form only.

Answer 169

FALSE

Question 170

TRUE or FALSE The Madrid system of international registration of marks is administered by the International Bureau of the World Intellectual Property Organization.

Answer 170

TRUE

Question 171

TRUE or FALSE The Madrid system of international registration of marks may be used only by a natural person or a legal entity which has a real and effective industrial or commercial establishment in the territory of a country which is party to the Madrid Agreement or the Madrid Protocol, or is domiciled in a country which is party to the Madrid Agreement or the Madrid Protocol, or is a national of a country which is party to the Madrid Agreement and the Madrid Protocol.

Answer 171

FALSE

Question 172

TRUE or FALSE Protection can be obtained only in those countries which are party to the Madrid system of international registration of marks.

Answer 172

TRUE

Question 173

TRUE or FALSE The Madrid system of international registration of marks can also be used to protect a mark outside the Madrid Union.

Answer 173

FALSE

Question 174

TRUE or FALSE A term must be inherently distinctive to become a trademark.

Answer 174

FALSE

Question 175

TRUE or FALSE Distinctiveness is an attribute that can be acquired with time and effort.

Answer 175

TRUE

Question 176

TRUE or FALSE It is convenient for a trademark owner to allow the public to use his trademark as a synonym of the products it identifies, because then his trademark will be very well-known and very successful.

Answer 176

FALSE

Question 177

TRUE or FALSE The requirements which a sign must fulfill in order to serve as a trade mark are reasonably standard throughout the world.

Answer 177

TRUE

Question 178

TRUE or FALSE Every sign capable of distinguishing goods or services of one enterprise from the goods or services of other enterprises can be registered.

Answer 178

FALSE

Question 179

TRUE or FALSE The distinctive character of a mark including that acquired by use, must be assessed in concreto (i.e. in relation to the goods or services to which the trade mark is applied).

Answer 179

TRUE

Question 180

TRUE or FALSE The demand for a trademark to have a distinctive character is focused on how the trade mark would be perceived by the average consumer of the goods or services covered by the application, or at least by the persons to whom the sign is addressed.

Answer 180

TRUE

Question 181

TRUE or FALSE The average consumer is regarded as someone who is reasonable well informed and reasonably observant and circumspect.

Answer 181

TRUE

Question 182

TRUE or FALSE In some jurisdictions a sign which is inherently devoid of distinctive character can be registered if, before the date of application for registration and following the use which has been made of it, it has acquired a distinctive character.

Answer 182

TRUE

Question 183

TRUE or FALSE To establish a secondary meaning of the mark the competent authority must taken into account, inter alia, the amount invested by the undertaking in promoting the mark.

Answer 183

TRUE

Question 184

TRUE or FALSE Coined trademarks are invented words without any intrinsic or real meaning.

Answer 184

TRUE

Question 185

TRUE or FALSE Common words and phrases from everyday language can not be distinctive.

Answer 185

FALSE

Question 186

TRUE or FALSE Coined words are more likely to be considered inherently distinctive.

Answer 186

TRUE

Question 187

TRUE or FALSE If the sign is, as a whole, exclusively descriptive cannot be registered as such as a trade mark.

Answer 187

TRUE

Question 188

TRUE or FALSE Generic terms cannot function as a trademark.

Answer 188

TRUE

Question 189

TRUE or FALSE Sign which may designate a characteristic of the goods or the services in respect of which its registration is sought is deemed capable of fulfilling the indication-of-origin function of the trade mark.

Answer 189

FALSE

Question 190

TRUE or FALSE The word “vegetable” cannot be registered as a trademark for grocery services, since it is descriptive of items which a grocery sells. The sign is not sufficiently arbitrary for the goods and services covered and lacks therefore distinctiveness.

Answer 190

TRUE

Question 191

TRUE or FALSE Simple letters or numerals are not considered distinctive as trademarks and they cannot become distinctive through use.

Answer 191

FALSE

Question 192

TRUE or FALSE The word “Fresh” for eggs conveys a direct reference to the time of production and quality of eggs, which, in addition, appears to be particularly crucial in relation to such products. This word is therefore not apt to be distinctive.

Answer 192

TRUE

Question 193

TRUE or FALSE The phrase “On Time” for airline services serves to indicate the intended purpose of the services, namely to provide airline transportation that arrives “on time.” Thus, this mark would not be considered distinctive of the services. Further, this phrase is needed by all airline companies to refer to their flights being “on time,” so it should not be limited to use by one company only.

Answer 193

TRUE

Question 194

TRUE or FALSE Trademarks that are likely to deceive the public, for example, as to the nature or quality of the goods are not, in the interest of the public, eligible for protection. The test here is for intrinsic deception inherent in the trade mark itself when associated with the goods or services for which it is proposed.

Answer 194

TRUE

Question 195

TRUE or FALSE Trademarks that are likely to deceive the public, for example, as to the nature or quality of the goods are not, in the interest of the public, eligible for protection. The test here is for the risk of confusing customers by the use of identical or similar trademarks for identical or similar goods or services.

Answer 195

FALSE

Question 196

TRUE or FALSE Trademarks that are likely to deceive the public, for example, as to the nature or quality of the goods are not, in the interest of the public, eligible for protection. The test here is for acquired deceptiveness, which leads to cancellation of an already granted trade mark.

Answer 196

FALSE

Question 197

TRUE or FALSE “Milky” for bread is misleading in relation to the goods on which the trademark is put

Answer 197

TRUE

Question 198

TRUE or FALSE Trade mark laws generally deny registration to signs that are contrary to public policy or accepted principles of morality.

Answer 198

TRUE

Question 199

TRUE or FALSE The question as to whether a trademark violates public order or morality depends on the cultural heritage and conceptions of each country, and can only be decided on a case by case basis.

Answer 199

TRUE

Question 200

TRUE or FALSE In the context of relevant provision of Regulation 2017/1001 on the European Union TM the concept of «public policy» refers to the body of Union law applicable in a certain area, as well as to the legal order and the state of law as defined by the Treaties and secondary EU legislation, which reflect a common understanding of certain fundamental rules and values.

Answer 200

TRUE

Question 201

TRUE or FALSE Trade mark laws generally deny registration to signs that are contrary to public policy and accepted principles of morality.

Answer 201

FALSE

Question 202

TRUE or FALSE “Banking operations” for banking services is descriptive, thus not distinctive.

Answer 202

TRUE

Question 203

TRUE or FALSE “Apple-Pineapple” for fruity juices describes the composition of the product, thus is not distinctive.

Answer 203

TRUE

Question 204

TRUE or FALSE A figurative sign representing Jesus Christ on his cross for labels of wines in some countries may be culturally offensive

Answer 204

TRUE

Question 205

TRUE or FALSE “Barack Obama” for wine can be registered without the consent of that living and famous person

Answer 205

FALSE

Question 206

TRUE or FALSE An owner can surrender his registration only in respect of all of the goods or services.

Answer 206

FALSE

Question 207

TRUE or FALSE Relative grounds of refusal relate to the existence of a public interest against the appropriation of a certain sign and therefore can be invoked by any interested person.

Answer 207

FALSE

Question 208

TRUE or FALSE Absolute grounds of refusal presuppose the existence of an earlier right of a third party and can therefore be activated only by owner of such earlier right.

Answer 208

FALSE

Question 209

TRUE or FALSE Signs that are in bad taste can be registered.

Answer 209

TRUE

Question 210

TRUE or FALSE A trade mark, which has been validly registered, may become deceptive as a consequence of the use made by its owner on the market.

Answer 210

TRUE

Question 211

TRUE or FALSE No evidence of use is required at filing for a registration renewal, as it is considered that the mere fact of looking for the renewal is evidence enough on the interest on continuing using the trademark.

Answer 211

TRUE

Question 212

TRUE or FALSE A sign cannot be registered if it is contrary to accepted principles and values such as freedom or human rights.

Answer 212

TRUE

Question 213

TRUE or FALSE Trade marks that should be excluded from registration due to contradiction with accepted principles of morality are only those containing blasphemous and insulting words or phrases.

Answer 213

FALSE

Question 214

TRUE or FALSE | The owner of a registered trademark has the exclusive right to use it in the course of trade

Answer 214

TRUE

Question 215

TRUE or FALSE The most common use of a trademark is the use of the mark on the goods sold under the trademark, and the subsequent sales of such branded goods.

Answer 215

TRUE

Question 216

TRUE or FALSE The right of use means the right of the owner of the mark to affix it on goods, containers, labels, etc. or to use it in any other way in relation to the goods for which it is registered, the right to introduce the goods to the market under the trade mark as well as the right to use his mark in advertising, on business papers, etc.

Answer 216

TRUE

Question 217

TRUE or FALSE The right of use means the right of the owner of the mark to affix it on goods, containers, labels, etc. and the right to introduce the goods to the market under the trade mark.

Answer 217

FALSE

Question 218

TRUE or FALSE Goods and/or services have to be considered similar: Always if they fall in the same Nice class.

Answer 218

FALSE

Question 219

TRUE or FALSE Goods and/or services have to be considered similar: The consuming public would be likely to believe that they came from the same source.

Answer 219

TRUE

Question 220

TRUE or FALSE Goods and/or services have to be considered similar: Never if the fall in different Nice classes.

Answer 220

FALSE

Question 221

TRUE or FALSE Goods and/or services have to be considered similar: Always if they fall in the same Nice class and the trademarks to be compared are identical.

Answer 221

FALSE

Question 222

TRUE or FALSE The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from: Using a trademark that is identical with his prior trademark.

Answer 222

FALSE

Question 223

TRUE or FALSE The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from: Registering a trademark that is identical or confusingly similar with his prior trademark.

Answer 223

FALSE

Question 224

TRUE or FALSE The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from: Using and registering a trademark that is identical or confusingly similar with his prior trademark for any goods and services

Answer 224

FALSE

Question 225

TRUE or FALSE The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from: Using and registering a trademark that is identical or confusingly similar with his prior trademark for identical or similar goods and services.

Answer 225

TRUE

Question 226

TRUE or FALSE The principle of exhaustion of trademark rights means that, when the trade mark owner has launched a product on the market under his mark, he cannot object to further sales of the product in the course of trade

Answer 226

TRUE

Question 227

TRUE or FALSE The principle of exhaustion of trademark rights applies only to the right to launch the product bearing the trade mark on the market for the first time.

Answer 227

TRUE

Question 228

TRUE or FALSE Through a license agreement, the trademark owner retains ownership of his trademark and merely agrees to its use by a given licensor. The licensor may therefore not be prevented from retaining some degree of control over the licensee to guarantee that a certain quality of the goods is maintained.

Answer 228

TRUE

Question 229

TRUE or FALSE Trademark licenses cannot be combined with licenses for other intellectual property, agreements to provide technical assistance, or other business arrangements.

Answer 229

FALSE

Question 230

TRUE or FALSE «Counterfeiting» occurs when in case of use of an identical or undistinguishable trade mark, typically for goods which are themselves replicating those of the TM owner.

Answer 230

TRUE

Question 231

TRUE or FALSE «Counterfeiting» occurs when in case of use of an identical mark, typically for goods which are themselves replicating those of the TM owner.

Answer 231

FALSE

Question 232

TRUE or FALSE «Counterfeiting» occurs when in case of use of an identical or similar trade mark, typically for goods which are themselves replicating those of the TM owner.

Answer 232

FALSE

Question 233

TRUE or FALSE «Counterfeiting» occurs when in case of use of an identical, undistinguishable or similar trade mark, typically for goods which are themselves replicating those of the TM owner.

Answer 233

FALSE

Question 234

TRUE or FALSE In case of infringement or counterfeiting the trademark owner may seek: Only civil remedies.

Answer 234

FALSE

Question 235

TRUE or FALSE In case of infringement or counterfeiting the trademark owner may seek: Civil and criminal remedies.

Answer 235

FALSE

Question 236

TRUE or FALSE In case of infringement or counterfeiting the trademark owner may seek: Civil and administrative remedies.

Answer 236

FALSE

Question 237

TRUE or FALSE In case of infringement or counterfeiting the trademark owner may seek: Civil, criminal and administrative remedies.

Answer 237

TRUE

Question 238

TRUE or FALSE Civil remedies may be more apt for trademark counterfeiting.

Answer 238

FALSE

Question 239

TRUE or FALSE Civil remedies may be preferred in case of infringement.

Answer 239

TRUE

Question 240

TRUE or FALSE Criminal remedies may be more apt for trademark counterfeiting

Answer 240

TRUE

Question 241

TRUE or FALSE Civil remedies may be preferred in case of infringement and trademark counterfeiting.

Answer 241

FALSE

Question 242

TRUE or FALSE In case of infringement or counterfeiting the trademark owner may seek civil remedies, for example, search orders, injunctions and delivery up, border measures or damages.

Answer 242

FALSE

Question 243

TRUE or FALSE A ‘cease and desist letter’ is often the first formal step taken to inform the alleged trademark infringer of the possible existence of a conflict.

Answer 243

TRUE

Question 244

TRUE or FALSE Provisional injunctions can be obtained in case of infringement or threat of infringement without delay, at the end of a urgent, summary proceeding.

Answer 244

TRUE

Question 245

TRUE or FALSE Definitive injunctions are awarded at the end of an infringement proceeding, generally held in front of a civil court.

Answer 245

TRUE

Question 246

TRUE or FALSE In principle, the right holder can obtain a sum which is adequate to compensate him/her for the actual damage that he has suffered because of the infringement only if the infringer did know or had reasonable grounds to know that he was violating someone else’s trademark rights.

Answer 246

TRUE

Question 247

TRUE or FALSE In principle, the right holder can always obtain a sum which is adequate to compensate him/her for the actual damage that he has suffered because of the infringement.

Answer 247

FALSE

Question 248

TRUE or FALSE In case of unconscious infringement the right holder may obtain in some jurisdictions the restitution of profits made by the infringer or a pre-established sum.

Answer 248

TRUE

Question 249

TRUE or FALSE Some national laws provide also for «punitive damages» (i.e. orders to pay a sum which goes far beyond the actual damage suffered by the trademark holder).

Answer 249

TRUE

Question 250

To protect brands, it is enough to protect the company’s name and the trademarks used for its main products and services.

Answer 250

Not entirely correct. Given today’s globalized and information rich market, many factors contribute to the making of solid brands. In addition to the company’s name and products, a significant role can be played also, for example, by the company’s logo, slogans, the corporate color, sounds, design and shape of main products, cartoon characters and celebrities used in advertisement, franchise agreements, customers’ list, events and television programs regularly sponsored by the company, etc. Not all of them are fully protected by IP but most of them could be effectively protected by trademarks, industrial design, copyright, trade secret, unfair competition, internet domain name registration, geographical indication to maintain the integrity and corporate image and brand.

Question 251

TRUE or FALSE Piracy and counterfeiting activities are certain indication of the reputation and appreciation of the company’s products, and it is not necessary to crack down on those activities until the loss in income becomes a considerable amount.

Answer 251

Not true. The market in this century is sensitive and responsive to the corporate image and attitude to counterfeiting activities, because the mere impression suggesting weak response to customer’s safety which may be at risk by counterfeited products, as well as the lack of firm commitment to strong mutual trust between the company and consumers are often detrimental to the loyalty of consumers and credibility of the company. The dilution of brand and erosion of consumers’ trust, once started to happen, could cost heads of senior management and more importantly the long-term reputation of the company on which its brand should be built.

Question 252

TRUE or FALSE In today’s market environment, the tangible attributes of products, including technological superiority, consistency of quality and usefulness in relation to practical needs remain, as they have always been, the most important aspects for trademark branding and marketing success.

Answer 252

Not correct. Today, more than ever, “intangible” assets such as relation to a certain way of life or set of ideas, creation of appealing images, value and trust in the consumer, emotional connection, and the ethical and environmental reputation of the company, can be equally as important, or in some cases even more important, than the content and quality of the product sold. Since the early 1980’s, governments have recognized the tangible value of intangible assets, including intellectual property. Companies today can spend as much resources on creating value in their brand as they do in their products.

Question 253

TRUE or FALSE Good brand management requires ongoing cooperation between marketing experts and legal experts, in order to assure that the brand assets adopted and promoted by the company can be properly protected and therefore effectively exploited.

Answer 253

True. Modern brand management requires that brands be treated, not as an expense, but as an asset and an investment. Assets and investments need to be protected within the most effective legal environment, and legal advice is necessary from the very beginning. With respect to trademarks, it is essential, when going through the investment expense of adopting a trademark and branding strategy, that it be known whether or not the desired trademark is available for use, and protectable. What seems a good idea to the marketing experts, may likely already have seemed a good idea to another company that has already used or registered the mark. Only a trained legal expert can adequately advise on these questions, and should be involved in the process from the earliest possible moment.

Question 254

TRUE or FALSE Would you consider the following to be an act of unfair competition? Your company has commercialized a pack of three plates in three different shapes (square, triangle and circular) and in three shades of colour (red, green and yellow). This pack happens to be commercially very successful. As the shape – and colours – of these plates are totally usual and unoriginal, no IP rights may apply to protect such products. In view of that, one of your competitors launches in the market, under its own trademark, the same series of three plates with the same shapes and shades of colour.

Answer 254

True

Question 255

TRUE or FALSE Would you consider the following to be an act of unfair competition? Your company opened in 2006 a new shop for optical devices in a particular location. As your commercial activities happen to be extremely successful, one of your competitors acquires and opens his own shop, also for optical devices, which is located exactly in front of yours.

Answer 255

False

Question 256

TRUE or FALSE Would you consider the following to be an act of unfair competition? You manufacture Argentine tinned cans of meat, containing both horse meat (25%) and beef (75%). To promote this new product, you launch an advertising campaign with the following slogan “Taste the beef of Argentina and enjoy”.

Answer 256

True

Question 257

TRUE or FALSE Would you consider the following to be an act of unfair competition? Your main competitor has come out with a new product line that copies many of the (unprotected) aspects and qualities of your product. In order not to be outsold in the market, the design department of your company has decided to copy your competitor’s packaging, so as not to be outsold.

Answer 257

True

Question 258

TRUE or FALSE Would you consider the following to be an act of unfair competition? Your competitor has engaged in an advertising campaign, stating that its computer hard-drive analysis process is “twice as fast” as your company’s competing process. While the statement is technically true, in fact your company’s process accomplishes three times the number of functions as your competitor’s process, which more than accounts for the difference in speed.

Answer 258

True Comparative advertising can constitute unfair competition if it is false or misleading. In this case, the failure to state the fact that your company’s product accomplishes more functions than their product, thus accounting for it taking a longer time, is misleading “by omission.” Your competitor could be liable for an act of unfair competition for its advertising campaign.

Question 259

TRUE or FALSE The possibility to file an international application for an industrial design under the Hague Agreement is open to any applicant.

Answer 259

Wrong.

Question 260

TRUE or FALSE Through an international application for an industrial design, protection may be obtained worldwide.

Answer 260

Wrong.

Question 261

TRUE or FALSE Upon receipt of an international application for an industrial design, WIPO carries out a novelty examination, but only upon express request of the applicant.

Answer 261

Wrong.

Question 262

It is up to each member to define the exclusive rights arising from the registration of industrial designs.

Answer 262

False. The TRIPS Agreement requires Members to give to the owner of an industrial design, as a minimum, the right to prevent third parties not having the owner’s consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy of the protected design, when such after are undertaken for commercial purposes.

Question 263

Under the TRIPS Agreement, each Member of WTO must provide a minimum duration of protection of 15 years for industrial designs.

Answer 263

False. The duration of protection available shall amount to at least 10 years.

Question 264

Members of the WTO are required to provide for industrial design protection for all industrial designs.

Answer 264

False. TRIPS Agreement specifically allows WTO Members to exempt industrial design protection for designs that are dictated by technical or functional considerations. Such designs may be protected instead, for example, by patent law.

Question 265

The TRIPS Agreement has special provisions that take into account the needs of certain sectors of the economy with respect to industrial designs.

Answer 265

True. TRIPS recognizes that designs in the textile industry often have a short lifecycle, which may be over by the time design protection takes place. Members must adopt laws that will not unreasonably impair the ability of companies in this industry to obtain effective protection with respect for example to cost, examination or publication, this can be done through copyright law or design-specific laws.

Question 266

TRUE or FALSE Industrial design refers to technical innovations applied to mass-produced items.

Answer 266

False

Question 267

TRUE or FALSE Industrial design refers to the visual appearance of products.

Answer 267

True

Question 268

TRUE or FALSE Industrial design protects only two-dimensional features of a product.

Answer 268

False

Question 269

TRUE or FALSE A design dictated essentially by technical or functional considerations can’t be registered.

Answer 269

True

Question 270

TRUE or FALSE It is well established that industrial design can be used to create exclusive rights on spare parts.

Answer 270

False

Question 271

TRUE or FALSE A GI identifies the enterprise which offers a product on the market.

Answer 271

False

Question 272

TRUE or FALSE A GI has typically no connection with quality or other characteristics of the products.

Answer 272

False

Question 273

TRUE or FALSE A GI is essentially a trademark.

Answer 273

False

Question 274

TRUE or FALSE A GI can be used as a tool to promote local economies.

Answer 274

True

Question 275

TRUE or FALSE | A geographical indication may consist of a personal name.

Answer 275

True

Question 276

TRUE or FALSE A geographical indication may refer not only to goods but also to services.

Answer 276

True

Question 277

TRUE or FALSE There has to be a connection between the product and the place in which the product originates.

Answer 277

True

Question 278

TRUE or FALSE Geographical indications may only be used for agricultural products.

Answer 278

False

Question 279

TRUE or FALSE Geographical indications are understood by consumers to denote the origin and the quality of products.

Answer 279

True

Question 280

TRUE or FALSE Geographical indications are just place names.

Answer 280

False

Question 281

TRUE or FALSE Geographical indication is an individual property for use by the owner alone.

Answer 281

False

Question 282

TRUE or FALSE When I see Made in Malaysia on a bag, that is not necessarily a Geographical Indication.

Answer 282

True

Question 283

TRUE or FALSE There are no special provisions in the Paris Convention for the protection of appellations of origin.

Answer 283

True

Question 284

TRUE or FALSE Paris Convention establishes that an indication of source can’t be used for goods which originate from a different geographical area.

Answer 284

True

Question 285

TRUE or FALSE Paris Convention relies only on the general prohibition of acts of unfair competition to protect indications of source.

Answer 285

False

Question 286

TRUE or FALSE Paris Convention lacks a direct reference to “indications of source” in the list of objects of industrial property. “Appellations of origin” are actually included in such list.

Answer 286

False

Question 287

TRUE or FALSE Paris convention establishes a general principle of protection of “indications of source” without providing for any sanction for the use of a false indication of source.

Answer 287

False

Question 288

TRUE or FALSE According to TRIPS, a wine producer based in Italy can market his wine production under the following statement: “Kind of Bordeaux, produced in Italy”.

Answer 288

False

Question 289

TRUE or FALSE Under the TRIPS Agreement, any member of WTO must refuse or invalidate ex officio the registration of a mark which conflicts with a GI, in a way that misleads the public as to the true origin of the good.

Answer 289

False

Question 290

TRUE or FALSE A collective mark is a mark that can be registered only by a collective body (e.g. an association of producers).

Answer 290

True

Question 291

TRUE or FALSE A collective mark is a mark the use of which is only allowed to the members of the collective body who owns that mark.

Answer 291

True

Question 292

TRUE or FALSE A collective mark can only be obtained for agricultural products.

Answer 292

False

Question 293

TRUE or FALSE A collective mark can only be registered in the country where the products bearing it have been produced.

Answer 293

False

Question 294

TRUE or FALSE Geographical indications that are no longer understood by the public as an indication of a specific origin of goods, but rather denote a specific kind or category of product, may cease to function as distinctive signs.

Answer 294

True

Question 295

TRUE or FALSE Effective protection of geographical indications abroad requires the conclusion of bilateral agreements between the States concerned.

Answer 295

False

Question 296

TRUE or FALSE Geographical indications cannot under any circumstances constitute trademark rights.

Answer 296

False

Question 297

TRUE or FALSE The law of unfair competition can protect consumers against the use of geographical indications that mislead the public.

Answer 297

True

Question 298

TRUE or FALSE If a license has been granted to a licensee in country A, that licensee may extend his commercial activities in country B without the consent of the trademark owner, provided that the mark in question is not registered in that country B.

Answer 298

False

Question 299

TRUE or FALSE As part of a license agreement, the licensor may impose regular controls to make it sure that the goods produced by the licensee comply with quality standards.

Answer 299

True

Question 300

TRUE or FALSE Failure to comply with the recordal requirements of a license agreement entails that any interested party may request the cancellation of the trademark which is the subject of the license.

Answer 300

False

Question 301

TRUE or FALSE The main importance of the possibility of licensing trademark rights is to allow third parties to use the trademark locally in the country of the trademark owner.

Answer 301

False

Question 302

TRUE or FALSE The WIPO Joint Recommendation Concerning Trademark Licenses and the Singapore Treaty do not dictate the exact terms that must be included in every request for recordal of a trademark license.

Answer 302

True

Question 303

TRUE or FALSE While a trademark licensor is entitled to exercise quality control, no country in the world requires a licensor to maintain any degree of quality control over the licensee’s use of the trademark.

Answer 303

False

Question 304

TRUE or FALSE The assignment of a trademark is only valid after its registration

Answer 304

False

Question 305

TRUE or FALSE The new owner will not be able to exercise any rights from the registration prior to the recordal of assignment

Answer 305

False

Question 306

TRUE or FALSE In principle, the transfer is not binding on third parties as long as it is not recorded

Answer 306

True

Question 307

TRUE or FALSE The new owner cannot claim the reimbursement of attorney’s fees from an infringer prior to the recordal of assignment.

Answer 307

False

Question 308

TRUE or FALSE He cannot object to further sales of the product in the course of trade anywhere in the world

Answer 308

True

Question 309

TRUE or FALSE He can object to further sales of the product in the course of trade anywhere in the except in the country where the product has been launched

Answer 309

Fasle

Question 310

TRUE or FALSE He can object to further sales of the product in the course of trade anywhere in the provided that his mark is registered in the country where the product is launched

Answer 310

False

Question 311

TRUE or FALSE He cannot object to further sales of the product in the course of trade anywhere in the provided that his mark is registered in the country where the product is launched.

Answer 311

False

Question 312

TRUE or FALSE Trademark protection automatically give rights to the related domain name.

Answer 312

False

Question 313

TRUE or FALSE When a dispute between a trademark and a domain name occurs, the parties must necessarily turn to the courts to settle their disputes.

Answer 313

False

Question 314

TRUE or FALSE A company, named “Lola”, has been using the domain name Lola.org since 2006. As the owner of the trademark “Lola” registered since 1981 for shoes, you may demand the Lola Company to stop using the Lola.org domain name immediately.

Answer 314

it Depends

Question 315

TRUE or FALSE Two realities that make it difficult to legislate the interaction between trademarks and domain names are (i) that the Internet is global in scope, while trademark rights are national in scope, and (ii) that domain names are assigned on a first-come-first-served basis, while trademarks take into account prior existing rights in the name.

Answer 315

True

Question 316

TRUE or FALSE The rules are well settled concerning who is entitled to a domain name, in light of all areas of intellectual property including trademarks, geographical names, trade names, names of international organizations, and names of pharmaceutical substances.

Answer 316

False

Question 317

TRUE or FALSE In addition to serving as an Internet address, domain names can also have a brand- identifying function.

Answer 317

True

Question 318

TRUE or FALSE A well-known trademark obtains a wider protection for the mere fact of being well- known. It is not necessary to consider the extent of reputation of the mark, the type of goods for which it is used by the infringer, the manner in which he presents his goods.

Answer 318

False

Question 319

TRUE or FALSE The following are not items to be considered at deciding whether a trademark is well known: the degree of knowledge or recognition of the mark in the relevant sector of the public; duration, extent and geographical area of promotion and use of the mark.

Answer 319

False

Question 320

TRUE or FALSE Well-known or famous marks, which are highly reputed, are not given protection that goes beyond the scope of similarity of the goods in most countries.

Answer 320

False

Question 321

TRUE or FALSE Well-known trademarks are trademarks which have a reputation not only in the country where protection is sought, but also abroad.

Answer 321

False

Question 322

TRUE or FALSE Broader protection is granted always and not only if the use of a sign without due cause by a third party would take unfair advantage to the distinctive character or the reputation of the trademark.

Answer 322

False

Question 323

TRUE or FALSE The registered proprietor of the trademark BUBBLES sells carbonated drinks in returnable and refillable bottles which bear the mark embossed on them. He discovers that these bottles are being used by a competitor who is filling them with his own carbonated drinks. To the extent that the mark was placed on the bottles by its owner, the competitor is not doing anything unlawful and may therefore continue his activities.

Answer 323

False

Question 324

TRUE or FALSE MAGSAN is a registered trademark for “Disinfectants”. The owner discovers that toilet paper is on sale which is clearly (and truthfully) described as “Medicated with Magsan.” As toilet paper is different from a product of disinfectant, the owner cannot prevent this use.

Answer 324

False

Question 325

TRUE or FALSE The mark “FEMME” has been registered by company A for clothing articles. Company B, which is also selling clothing articles, sells its own products under the mark “FAM”. This does not infringe the rights of company A, as the name “FAM” sufficiently differs from “FEMME”.

Answer 325

False

Question 326

TRUE or FALSE The following signs may be used for identical goods by competitors, as they should not be regarded as confusingly similar since the indication of the names of the animals (lynx v. tiger) below their figurative representation clearly reduces the likelihood of confusion. Lynx vs Tiger

Answer 326

True

Question 327

TRUE or FALSE Registration is obtained for the mark “ in the owner’s country for breakfast cereal using a particular additive as a preservative. The agency in that country responsible for regulating food and drugs has refused approval of the particular additive as a preservative in foodstuffs. Nevertheless, since the trademark is specifically registered for breakfast food containing that additive, and the trademark registration has been issued by the government of the country, the trademark owner can legally market the product under the trademark.

Answer 327

False

Question 328

TRUE or FALSE Your company imports and markets bicycles in one country under the registered trademark “Roll Away.” No trademark registrations have been obtained in any other country. A third-party has gone to the manufacturer of the bicycles, located in another country, and ordered the same bicycles from the company that makes them for you in another country. The third-party has also obtained stickers with the mark “Roll Away”, and has affixed them to the goods in the country where they were made and imported them into your country for sale at a lower price. You sue the third-party for trademark infringement, and they defend on the grounds that the mark was affixed to the product in a country where you do not own a trademark registration. The court finds in your favor.

Answer 328

True

Question 329

TRUE or FALSE Company A imports and sells in Europe hot pepper paste from Republic of Korea. It obtains an International Trademark Registration for the mark Soon Chang and uses it on the products even though Company A’s president knows, but does not disclose to OHIM, that this is a geographical name for an area in Republic of Korea where many Korean manufacturers of the product are located. Company B makes hot pepper paste in Soon Chang and places the name on its products which it begins selling in Company A’s country of origin. Company A sues Company B and Company A loses.

Answer 329

True

Question 330

TRUE or FALSE The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from Using a trademark that is identical with his prior trademark

Answer 330

False

Question 331

TRUE or FALSE The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from Registering a trademark that is identical or confusingly similar with his prior trademark

Answer 331

False

Question 332

TRUE or FALSE The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from Using and registering a trademark that is identical or confusingly similar with his prior trademark for any goods and services

Answer 332

False

Question 333

TRUE or FALSE The owner of a registered trademark (which is not well-known) has the exclusive right to prevent all third parties from Using and registering a trademark that is identical or confusingly similar with his prior trademark for identical or similar goods and services.

Answer 333

True

Question 334

TRUE or FALSE Goods and/or services have to be considered similar Always if they fall in the same Nice class

Answer 334

False

Question 335

TRUE or FALSE Goods and/or services have to be considered similar The consuming public would be likely to believe that they came from the same source

Answer 335

True

Question 336

TRUE or FALSE Goods and/or services have to be considered similar Never if the fall in different Nice classes

Answer 336

False

Question 337

TRUE or FALSE Goods and/or services have to be considered similar Always if they fall in the same Nice class and the trademarks to be compared are identical.

Answer 337

False

Question 338

TRUE or FALSE A term must be inherently distinctive to become a trademark.

Answer 338

False

Question 339

TRUE or FALSE Distinctiveness is an attribute that can be acquired with time and effort.

Answer 339

True

Question 340

TRUE or FALSE It is convenient for a trademark owner to allow the public to use his trademark as a synonym of the products it identifies, because then his trademark will be very well- known and very successful

Answer 340

False

Question 341

TRUE or FALSE It is not a common provision in legislations worldwide to establish as compulsory the inclusion of a sign ® to warn third parties that it is a registered trademark.

Answer 341

True

Question 342

TRUE or FALSE No evidence of use is required at filing for a registration renewal, as it is considered that the mere fact of looking for the renewal is evidence enough on the interest on continuing using the trademark.

Answer 342

True

Question 343

TRUE or FALSE Once a person gains a trademark registration, it becomes is legitimate owner, and it is not necessary for him to actually exploit the trademark in commerce.

Answer 343

False

Question 344

TRUE or FALSE The concept of “central attack” embodied in the Madrid system means that For the first five years following the effective date of the international registration, its validity and scope will depend upon the fate of the basic home application or registration

Answer 344

True

Question 345

TRUE or FALSE The concept of “central attack” embodied in the Madrid system means that The owner of a prior trademark has to file an invalidation action centrally with WIPO to cancel the international registration

Answer 345

False

Question 346

TRUE or FALSE The concept of “central attack” embodied in the Madrid system means that Trademark infringement proceedings based on an international registration can only be successful if they are brought before a court at the central headquarter of the infringer

Answer 346

False

Question 347

TRUE or FALSE The concept of “central attack” embodied in the Madrid system means that Trademark infringement proceedings have to be based on the international registration as well as the underlying basic home registration in order to succeed.

Answer 347

False

Question 348

TRUE or FALSE The Madrid Agreement and Madrid Protocol Provide for an autonomous trademark registration system for filing trademark applications with WIPO with immediate effect in all member states

Answer 348

False

Question 349

The Madrid Agreement and Madrid Protocol Are designed to streamline and harmonize administrative trademark procedures by defining a maximum of formal requirements that an Office of a member state may apply

Answer 349

False

Question 350

The Madrid Agreement and Madrid Protocol Prohibit the registration and use of trademarks which are identical to, or present a certain similarity with, armorial bearings, flags, and other State emblems of their member states

Answer 350

False

Question 351

The Madrid Agreement and Madrid Protocol make it possible to protect a mark in a large number of countries by obtaining an international registration, based on a national or regional trademark, which has effect in each member state that has been designated.

Answer 351

True

Question 352

Any distinctive word, letter, numeral, drawing, picture, shape, color and logotype used to distinguish goods or services may be considered a trade mark.

Answer 352

False

Question 353

“Milky” for bread is misleading in relation to the goods on which the trademark is put.

Answer 353

True

Question 354

The ‘principle of speciality’ in trademarks means that the trademarks scope of protection is referred only to those goods or services that covers the trademark registration as well as the similar ones; exceptions might apply if the trademark is well-known.

Answer 354

True

Question 355

If use of a mark is compulsory in a state in order to maintain registration, the registration cannot be challenged on that ground until after a reasonable period, and only if the owner cannot justify the non-use.

Answer 355

True

Question 356

A figurative mark is a mark which may consisting, inter alia, of exclusively figurative elements, verbal elements in standard fonts and verbal elements on more than two lines.

Answer 356

False

Question 357

Trade marks combining movement with sounds should be applied for as motion marks.

Answer 357

False

Question 358

The right of use means the right of the owner of the mark to affix it on goods, containers, labels, etc. or to use it in any other way in relation to the goods for which it is registered, the right to introduce the goods to the market under the trade mark as well as the right to use his mark in advertising, on business papers, etc.

Answer 358

True

Question 359

The most common use of a trademark is the use of the mark on the goods sold under the trademark, and the subsequent sales of such branded goods.

Answer 359

True

Question 360

The question as to whether a trademark violates public order or morality depends on the cultural heritage and conceptions of each country, and can only be decided on a case by case basis.

Answer 360

True

Question 361

Trade mark laws generally deny registration to signs that are contrary to public policy or accepted principles of morality.

Answer 361

True

Question 362

Trade marks that should be excluded from registration due to contradiction with accepted principles of morality are only those containing blasphemous and insulting words or phrases.

Answer 362

False

Question 363

The recent EU Trademark Reform – pursuant to Regulation 2017/1001 and Directive 2015/2436/EU - abolished the original requirement of ‘graphical representation’ of the sign. Signs can be represented in any appropriate form as long as the representation is clear, precise and objective

Answer 363

False

Question 364

The word “Fresh” for eggs conveys a direct reference to the time of production and quality of eggs, which, in addition, appears to be particularly crucial in relation to such products. This word is therefore not apt to be distinctive.

Answer 364

True

Question 365

The phrase “On Time” for airline services serves to indicate the intended purpose of the services, namely to provide airline transportation that arrives “on time.” Thus, this mark would not be considered distinctive of the services. Further, this phrase is needed by all airline companies to refer to their flights being “on time,” so it should not be limited to use by one company only.

Answer 365

True

Question 366

As opposed to the Paris Convention for the Protection of Industrial Property, the TRIPS Agreement lists explicitly a number of signs which are eligible for registration as a trademark.

Answer 366

True

Question 367

Contrary to the Paris Convention, the TRIPS Agreement requires service marks to be protected in the same way as marks distinguishing goods.

Answer 367

True

Question 368

The Paris Convention for the Protection of Industrial Property regulates the conditions for filing and registration of marks.

Answer 368

False

Question 369

A motion mark is a trade mark consisting of a movement and a change in the position of the elements of the mark.

Answer 369

False

Question 370

A motion mark is a trade mark extending to a movement and a change in the position of the elements of the mark

Answer 370

False

Question 371

The TRIPS Agreement sets out limited exceptions to the exclusive rights of the owner, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties.

Answer 371

The TRIPS Agreement contains certain provisions on well-known marks which supplement the protection required by Article 6bis of the Paris Convention for the Protection of Industrial Property.

Question 372

Member states of the Paris Convention for the Protection of Industrial Property are not obliged to protect trade names.

Answer 372

False

Question 373

If the sign is, as a whole, exclusively descriptive cannot be registered as such as a trade mark.

Answer 373

Generic terms cannot function as a trademark.

Question 374

The protection granted by Article 6ter of the Paris Convention for the Protection of Industrial Property is limited to armorial bearings, flags and other State emblems of those States party to the Paris Convention and the World Trade Organization (WTO) members, as well as official signs and hallmarks indicating control and warranty adopted by them. Thus, flags of international intergovernmental organizations are not protected under the Paris Convention.

Answer 374

False

Question 375

The average consumer is

Answer 375

regarded as someone who is reasonable well informed and reasonably observant and circumspect.

Question 376

The requirements which a sign must fulfil in order to serve as a trade mark are reasonably standard throughout the world.

Answer 376

True

Question 377

Through a license agreement, the trademark owner retains ownership of his trademark and merely agrees to its use by a given licensor.

Answer 377

The licensor may therefore not be prevented from retaining some degree of control over the licensee to guarantee that a certain quality of the goods is maintained.

Question 378

An applicant who filed an application for design patent (equivalently of the design right) in the United States Patent and Trade Mark Office on 1 June 2018 applies for protection of design in form of the design right (Designrecht) to be granted by the German Patent and Trade Mark Office. Under Art 4 PC the application with the German Office will have priority over application filed by other based on the first application in the USA if filed by:

Answer 378

1 December 2018

Question 379

A design dictated essentially by technical or functional considerations cannot be registered.

Answer 379

True

Question 380

The design was disclosed with the consent of the designer. The protection of that design by way of the Community registered design right:

Answer 380

Is possible if the application for design registration is filed with EUIPO within 12 months of the date of design disclosure.