Unfair Competition


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  1. What are four types of trademarks?
  2. Can sound be used as a trademark?
  3. What are two groups that are protected by trademark law?
  4. What are some differences between trademarks, copyrights and patents?
  5. How are trademark rights obtained?
  6. Which office handles federal trademark registration?
  7. On what should an application for federal trademark registratoin be based?
  8. What are some benefits of state trademark registration?
  9. How long do trademarks last?
  10. What is proof of abandonment of a trademark?
  11. What civil remedies are available for federal trademark infringement?
  12. What federal criminal penalties are available for copyright counterfeiting?
  13. What are the federal civil remedies for trademark counterfeiting?
  14. What factors should be looked at in determining if a mark has obtained a secondary meaning?
  15. What is trade dress?
  16. What is the necessary criteria for the hot news doctrine to apply?
  17. What is the test for trademark infringement?
  18. What are some factors to take into account in determining trademark infringement?
  19. What does the term "use in commerce" mean?
  20. When shall a mark be deemed to be in use in commerce?
  21. When you have a commercial trademark appearing in a work of art, then you may find trademark infringement if:
  22. What is the four factor test for ownership of trademark?
  23. If you oppose an application for federal trademark, when must opposition be filed?
  24. If you miss the opposition what can you do after the mark is registered?
  25. Why would you file for a hearing with the trademark trial and appeal board?
  26. What is a trademark?
  27. What is the value of a trademark?
  28. How many parties have a vested interest in trademarks (and who are they)?
  29. What is the test for establishing priority of trademark (who gets to use mark if both started using it around the same time)?
  30. Can sporadic use be enough to claim trademark rights?
  31. What are the three factors which justify concurrent use?
  32. If you win the right of concurrent use what do you win?
  33. What must be included in application for trademark registration?
  34. What is one reason for opposing the registration of a trademark?
  35. What is the maximum amount of time you can get an extension for not using the trademark after the notice of allowance is issued?
  36. How long does a person have to file an opposition to a trademark application?
  37. After trademark registration is complete what is the date from which trademark protect begins?
  38. What is the advantage of registering your trademark in all block letters?
  39. After how many years of non-use do you get a presumption of abandonment?
  40. How do you maintain trademark rights?
  41. How many years does it take for a mark to become incontestable?
  42. When must you file for renewal?
  43. What are the four types of marks?
  44. What is the definition of service?
  45. Can a certification mark be used as a trademark?
  46. What is a certification mark used for?
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