Distinctiveness Requirement for Trademarks

Distinctiveness Requirement for Trademarks

Assessment

Interactive Video

Business, Social Studies

University

Hard

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The video tutorial explains the concept of trademark distinctiveness, which is crucial for trademark protection. It outlines the USPTO's scale for determining distinctiveness, starting with arbitrary marks, which have no relation to the product, followed by fanciful marks, which are unique associations, and suggestive marks, which hint at the product's nature. Descriptive marks require secondary meaning for protection, while generic marks are not protectable. The tutorial also highlights how even distinctive marks can become generic over time due to common usage.

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7 questions

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1.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

What is the primary requirement for a trademark to be protectable?

It must be generic.

It must be descriptive.

It must be distinctive.

It must be suggestive.

2.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Which of the following is an example of a fanciful mark?

Home Depot

Microsoft

Apple Computers

Google

3.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Suggestive marks are characterized by:

Directly describing the product.

Being commonly used terms.

Having no relation to the product.

Hinting at the product's nature.

4.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

What must a descriptive mark achieve to be protectable?

Fanciful status

Genericness

Arbitrary status

Secondary meaning

5.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Which of the following is NOT a level of trademark distinctiveness?

Arbitrary

Fanciful

Generic

Common

6.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

What happens when a trademark becomes generic?

It becomes a fanciful mark.

It is automatically renewed.

It loses its distinctiveness.

It gains more protection.

7.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Which of the following is an example of a brand that risks becoming generic?

Micro

Apple

Bing

Kleenex