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.

OPEN ENDED QUESTION

3 mins • 1 pt

What is the primary factor that determines whether a trademark is protectable?

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2.

OPEN ENDED QUESTION

3 mins • 1 pt

Explain the difference between arbitrary marks and fanciful marks.

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3.

OPEN ENDED QUESTION

3 mins • 1 pt

What characterizes a suggestive mark?

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4.

OPEN ENDED QUESTION

3 mins • 1 pt

How does a descriptive mark achieve distinctiveness?

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5.

OPEN ENDED QUESTION

3 mins • 1 pt

What is meant by 'secondary meaning' in the context of trademarks?

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6.

OPEN ENDED QUESTION

3 mins • 1 pt

What is the lowest level of distinctiveness for a trademark?

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7.

OPEN ENDED QUESTION

3 mins • 1 pt

Provide examples of brands that have become generic terms.

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