Trademark_1

Front 1

ABANDONMENT requires (a) stop using using mark (in ordinary course and trade) with no intention to resume

Back 1

Abandonment of a mark,

Front 2

ACQUIESCENCE requires (a) failure to take action against an infringing party or (b) indicating nothing will be done about the infringing action. Leads to abandonment. SAME as ESTOPPEL.

Back 2

Acquienscence,

Front 3

ACTUAL CONFUSION requires consumer is confused about the source of the goods on similar use of trademark. Not RQD for infringement but highly probative.

Back 3

Actual confusion,

Front 4

AFFIRMATIVE DEFENSES include (a) fraud (b) misuse (c-)first amendment (d) acquiescence (e) fair use (f) genericness (h) abandonment (i) estoppel.

Back 4

Affirmative trademark defenses,

Front 5

ANTI-DILUTION requires (a) famous mark (b) use that will tanish or blur the distinctiveness of the mark. Blurring may damage exclusive use and identity. Defenses:

Back 5

Anti dilution,

Front 6

ARBITRATION requires (a) hearing by authorized individual (b) instead of judicial hearing. Binding and non-binding

Back 6

Arbitration,

Front 7

COLLECTIVE MARK requires (a) symbol used by members of a group (b) to identify their association or group. Example: trade or professional associations.

Back 7

Collective mark,

Front 8

COUNTERFEIT GOODS requires (a) goods bearing a trademark identical or substantially indistinguishable.

Back 8

Counterfeit goods,

Front 9

DATE OF FIRST USE provides (a) priority rights and (b) exclude all subsequent users of identical or confusingly similar. OPPOSITE OF OTHER COUNTRIES first to register wins.

Back 9

Date of first use,

Front 10

DATE OF FIRST USE IN COMMERCE requires (a) date of first use anywhere(b) identify type of commerce activity used in and (c-) specific manner and mode of use of teh mark. Need interstate commerce for Federal JX.

Back 10

Date of first use in commerce,

Front 11

DECEPTIVE MARKS requires (a) mislead consumers as to the underlying product (b) misrepresents quality/function/composition of product (c-)purchasers are likely to believe and (d) consumers are likely to rely upon the misrepresentation.

Back 11

Deceptive marks,

Front 12

INTENT TO USE APPLICATION (a) secure trademark rights before actual using the mark (b) verify USPTO acceptance prior to investment in marketing and promotion. (c-) provides earlier priority date. Must use within three years and have bona fide intention to use in good faith.

Back 12

Intent to use application,

Front 13

ITC (a) injuctions (b) restraining orders on importation of counterfeit goods

Back 13

International Trade Commission,

Front 14

MADRID PROTOCOL (a) managed by teh Intnal Bureau of World Intellectual property (WIPO) (b) provides a bundle of rights in separate Jxs -international reg. of marks.

Back 14

Madrid protocol,

Front 15

STRENGTH of a mark (a) marketing strength and (b) legal strength.

Back 15

Strength of a mark,

Front 16

OFFICIAL GAZETTE (a) weekly publication (b) all pending, changes and renewals.

Back 16

Official gazette,

Front 17

GRAY MARKET GOODS (a) legitimately sold outside US with the approval of manufacturer (b) sold back into the US without trademark owner approval. Typically, Goods are then sold for a higher price in the US.

Back 17

Gray market goods,

Front 18

Principal register,

Back 18

PRINCIPAL REGISTER (a) primary registry of trademarks (b) distinctive marks (c-) currently in use.

Front 19

PRODUCT DESIGN protected as trademark (a) part of configuation of product (b) distinguishable.

Back 19

Product design,

Front 20

Slogans as trademark,

Back 20

SLOGANS not protectable if descriptive (lack inherent uniqueness) UNLESS in the marketplace long enough to obtain secondary meaning.

Front 21

SECONDARY MEANING (a) awareness by public that mark recognizes a specific goods or service (b) after widespread advertising.

Back 21

Secondary meaning,

Front 22

Surname not able to be protected UNLESS acquired secondary meaning.

Back 22

SURNAME,

Front 23

USE OF ™ OR SM, ™ OR SM symbol provides notice to the world that the company claims trademark rights.

Back 23

USE OF ™ OR SM,

Front 24

TRADE DRESS or product design(a) variety of elements in which a product is packaged OR (b) service is presented Elements include shape, color, or overall packaging, display, decor ro environment.

Back 24

Trade dress,

Front 25

Customs and trademarks, CUSTOMS (a) seize goods bearing an infringing mark or (B) insist on disclosure of the identity of any trademark. Applies to counterfeit, grey market goods and goods bearing infringing trademarks.

Back 25

Customs and trademarks,

Front 26

Willful infringement, WILLFUL INFRINGEMENT (a) use of the mark knows (b) or should have known that the mark was already in use. Liability for monetary damages. Innocent infringer only must stop using the mark.

Back 26

Willful infringement,

Front 27

Supplemental register, SUPPLEMENTAL REGISTER (a) potential marks (b) not inherently distinctive (c-) not acquired secondary meaning. Section 23 of Lanham act section 1091.

Back 27

Supplemental register,

Front 28

Internet domain as trademark, INTERNET DOMAIN AS TRADEMARK requires (a) used to identify goods or service (b) used in commerce as a source identifier.

Back 28

Internet domain as trademark,

Front 29

Designating goods and services classes, DESIGNATING GOODS AND SERVICE requires (a) only goods and services currently used in commerce (b) must be specific and definite (more so than intnl class headings). Balances (a) desire for broad coverage (b) with need to identify sufficiently identify goods and services

Back 29

Designating goods and services classes,

Front 30

Abandonment of a mark, ABANDONMENT requires (a) stop using using mark (in ordinary course and trade) with no intention to resume

Back 30

Abandonment of a mark,

Front 31

Acquienscence, ACQUIESCENCE requires (a) failure to take action against an infringing party or (b) indicating nothing will be done about the infringing action. Leads to abandonment. SAME as ESTOPPEL.

Back 31

Acquienscence,

Front 32

Actual confusion, ACTUAL CONFUSION requires consumer is confused about the source of the goods on similar use of trademark. Not RQD for infringement but highly probative.

Back 32

Actual confusion,

Front 33

Affirmative trademark defenses, AFFIRMATIVE DEFENSES include (a) fraud (b) misuse (c-)first amendment (d) acquiescence (e) fair use (f) genericness (h) abandonment (i) estoppel.

Back 33

Affirmative trademark defenses,

Front 34

Anti dilution, ANTI-DILUTION requires (a) famous mark (b) use that will tanish or blur the distinctiveness of the mark. Blurring may damage exclusive use and identity. Defenses:

Back 34

Anti dilution,

Front 35

Arbitration, ARBITRATION requires (a) hearing by authorized individual (b) instead of judicial hearing. Binding and non-binding

Back 35

Arbitration,

Front 36

COLLECTIVE MARK requires (a) symbol used by members of a group (b) to identify their association or group. Example: trade or professional associations.

Back 36

Collective mark,

Front 37

Counterfeit goods, COUNTERFEIT GOODS requires (a) goods bearing a trademark identical or substantially indistinguishable.

Back 37

Counterfeit goods,

Front 38

DATE OF FIRST USE provides (a) priority rights and (b) exclude all subsequent users of identical or confusingly similar. OPPOSITE OF OTHER COUNTRIES first to register wins.

Back 38

Date of first use,

Front 39

DATE OF FIRST USE IN COMMERCE requires (a) date of first use anywhere(b) identify type of commerce activity used in and (c-) specific manner and mode of use of teh mark. Need interstate commerce for Federal JX.

Back 39

Date of first use in commerce,

Front 40

DECEPTIVE MARKS requires (a) mislead consumers as to the underlying product (b) misrepresents quality/function/composition of product (c-)purchasers are likely to believe and (d) consumers are likely to rely upon the misrepresentation.

Back 40

Deceptive marks,

Front 41

INTENT TO USE APPLICATION (a) secure trademark rights before actual using the mark (b) verify USPTO acceptance prior to investment in marketing and promotion. (c-) provides earlier priority date. Must use within three years and have bona fide intention to use in good faith.

Back 41

Intent to use application,

Front 42

International Trade Commission, ITC (a) injuctions (b) restraining orders on importation of counterfeit goods

Back 42

International Trade Commission

Front 43

MADRID PROTOCOL (a) managed by teh Intnal Bureau of World Intellectual property (WIPO) (b) provides a bundle of rights in separate Jxs -international reg. of marks.

Back 43

Madrid protocol,

Front 44

STRENGTH of a mark (a) marketing strength and (b) legal strength.

Back 44

Strength of a mark,

Front 45

OFFICIAL GAZETTE (a) weekly publication (b) all pending, changes and renewals.

Back 45

Official gazette,

Front 46

GRAY MARKET GOODS (a) legitimately sold outside US with the approval of manufacturer (b) sold back into the US without trademark owner approval. Typically, Goods are then sold for a higher price in the US.

Back 46

Gray market goods,

Front 47

, PRINCIPAL REGISTER (a) primary registry of trademarks (b) distinctive marks (c-) currently in use.

Back 47

Principal register

Front 48

PRODUCT DESIGN protected as trademark (a) part of configuation of product (b) distinguishable.

Back 48

Product design,

Front 49

SLOGANS not protectable if descriptive (lack inherent uniqueness) UNLESS in the marketplace long enough to obtain secondary meaning.

Back 49

Slogans as trademark,

Front 50

SECONDARY MEANING (a) awareness by public that mark recognizes a specific goods or service (b) after widespread advertising.

Back 50

Secondary meaning,

Front 51

SURNAME, Surname not able to be protected UNLESS acquired secondary meaning.

Back 51

SURNAME,

Front 52

USE OF ™ OR SM, ™ OR SM symbol provides notice to the world that the company claims trademark rights.

Back 52

USE OF ™ OR SM,

Front 53

Trade dress, TRADE DRESS or product design(a) variety of elements in which a product is packaged OR (b) service is presented Elements include shape, color, or overall packaging, display, decor ro environment.

Back 53

Trade dress,

Front 54

Customs and trademarks,

Back 54

CUSTOMS (a) seize goods bearing an infringing mark or (B) insist on disclosure of the identity of any trademark. Applies to counterfeit, grey market goods and goods bearing infringing trademarks.

Front 55

Willful infringement, the mark.

Back 55

WILLFUL INFRINGEMENT (a) use of the mark knows (b) or should have known that the mark was already in use. Liability for monetary damages. Innocent infringer only must stop using the mark

Front 56

Supplemental register,

Back 56

SUPPLEMENTAL REGISTER (a) potential marks (b) not inherently distinctive (c-) not acquired secondary meaning. Section 23 of Lanham act section 1091.

Front 57

Internet domain as trademark,

Back 57

INTERNET DOMAIN AS TRADEMARK requires (a) used to identify goods or service (b) used in commerce as a source identifier.

Front 58

Designating goods and services classes,

Back 58

DESIGNATING GOODS AND SERVICE requires (a) only goods and services currently used in commerce (b) must be specific and definite (more so than intnl class headings). Balances (a) desire for broad coverage (b) with need to identify sufficiently identify goods and services