Wednesday, November 6, 2019

If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner? 
A. Damages only.
B. An injunction prohibiting the infringer from using the mark only.
C. An additional amount of damages computed as a multiplier of 5 times the original damages.
D. Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages.
E. Damages and an injunction prohibiting the infringer from using the mark.
If a mark is registered, the holder of the mark may recover damages from an infringer who uses it to pass off goods as being those of the mark owner. The owner may also obtain an injunction prohibiting the infringer from using the mark.

If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner? 
A. Only damages.
B. Only an injunction prohibiting the infringer from using the mark.
C. An additional amount of damages computed as a multiplier of 5 times the original damages.
D. Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages.
E. Damages and an injunction prohibiting the infringer from using the mark.
If a mark is registered, the holder of the mark may recover damages from an infringer who uses it to pass off goods as being those of the mark owner. The owner may also obtain an injunction prohibiting the infringer from using the mark. (Only the latter remedy is available for an unregistered mark.)

Once a trademark is registered today, when must it be renewed for the first time? 
A. Between the first and second year.
B. Between the second and third year.
C. Between the third and fourth year.
D. Between the fourth and fifth year.
E. Between the fifth and sixth year.
Once a mark has been registered, the registration must be renewed between the fifth and sixth years. After that renewal, the mark holder must renew every 10 years. (If the mark was initially registered before 1990, renewal is necessary only every 20 years.)

After the initial renewal, assuming a trademark was initially registered after 1990, how often must the trademark be renewed? 
A. Every nine years.
B. Every ten years.
C. Every eleven years.
D. Every twelve years.
E. Every thirteen years.
Once a mark has been registered, the registration must be renewed between the fifth and sixth years. After that renewal, the mark holder must renew every 10 years. (If the mark was initially registered before 1990, renewal is necessary only every 20 years.)

Which of the following is a mark used in conjunction with a service? 
A. Product trademark
B. Collective mark
C. Certification mark
D. Service mark
E. Physical activity mark
A service mark is a mark used in conjunction with a service, such as the name "AT&T" painted on a vehicle that provides repair services for AT&T phone users.

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