Which of the following is true regarding whether the shape of a product or package may be a trademark?

A[n] ________ is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer. 
A. Copyright
B. Patent
C. Trade secret
D. Trademark
E. Intellamark

A trademark is a distinctive mark, word, design, picture, or arrangement used with a product that helps consumers identify the product with the producer.

Which of the following is true regarding whether the shape of a product or package may be a trademark? 
A. The shape of a product may be a trademark if it is nonfunctional but the shape of a package may not be a trademark.
B. The shape of a product may be a trademark if it is functional but the shape of a package may not be a trademark.
C. The shape of a product or package may be a trademark if it is functional.
D. The shape of a product or package may be a trademark if it is nonfunctional.
E. The shape of a package may be a trademark if it is nonfunctional, but the shape of a product may not be a trademark.

The shape of a product or package may be a trademark if it is nonfunctional.

Which of the following is an example of a product developing secondary meaning? 
A. Customers identify a certain color as identifying a company's product.
B. Customers hear of the term through a secondary source such as media advertising.
C. A company has illegally misappropriated a trademark and has used it in second place to identify a product.
D. A company has agreed to only use a trademark secondarily after the primary user has abandoned it.
E. None of the above.

In Qualitex Co. v. Jacobson Products Co., Justice Breyer, writing for a majority of the Supreme Court, noted that a color, if unusual enough in the context, could in fact come to identify goods with their source, just as descriptive words on a product could.

Under which of the following is a trademark protected under state common law? 
A. If it is used interstate.
B. If it is used intrastate.
C. If it is used commercially.
D. If it is used intrastate and also commercially.
E. A trademark cannot be protected under state common law.

A trademark used intrastate is protected under state common law.

To be protected in ____________ use, a trademark must be registered with the U.S. Patent Office under the Lanham Act of 1947. 
A. Interstate
B. Intrastate
C. Interstate and intrastate
D. Commercial
E. Interstate, intrastate, and commercial

To be protected in interstate use, a trademark must be registered with the U.S. Patent and Trademark Office (USPTO) under the Lanham Act of 1947.