Wednesday, November 6, 2019

As referenced in the case in the text, Toys "R" Us, Inc. v. Canarsie Kiddie Shop, Inc., which of the following is true regarding generic terms?

Which of the following is mark affixed to a good, its packaging, or its labeling? 
A. Product trademark
B. Collective mark
C. Certification mark
D. Service mark
E. Physical activity mark
A product trademark is a mark affixed to a good, its packaging, or its labeling, such as the Nike "swoosh."

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union? 
A. Product trademark
B. Collective mark
C. Certification mark
D. Service mark
E. Physical activity mark
A collective mark is a mark identifying the producers as belonging to a larger group, such as a trade union.

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good housekeeping Seal of Approval"? 
A. Product trademark
B. Collective mark
C. Certification mark
D. Service mark
E. Physical activity mark
A certification mark is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good Housekeeping Seal of Approval."

As referenced in the case in the text, Toys "R" Us, Inc. v. Canarsie Kiddie Shop, Inc., which of the following is true regarding generic terms? 
A. Generic terms are not eligible for protection as trademarks.
B. The rule that generic terms are ineligible for protection as trademarks does not apply to words that designate an entire species.
C. The rule that generic terms are ineligible for protection as trademarks does not apply to sub-classifications or varieties of goods.
D. Generic terms are eligible for protection as trademarks only if they have been used for at least ten years.
E. Generic terms are eligible for protection as trademarks only if they have been used for at least seven years.
A generic term is entitled to no trademark protection whatsoever, since any manufacturer or seller has the right to call a product by its name.

In which of the following orders of ascending strength may marks fall? 
A. Generic, suggestive, descriptive, arbitrary or fanciful.
B. Descriptive, generic, suggestive, arbitrary or fanciful.
C. Arbitrary or fanciful, generic, descriptive, suggestive.
D. Generic, descriptive, suggestive, arbitrary or fanciful.
E. Suggestive, generic, descriptive, arbitrary or fanciful.
A mark can fall into one of four general categories which, in order of ascending strength, are: (1) generic; (2) descriptive; (3) suggestive; and (4) arbitrary or fanciful.

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