INT 658 - Assignment 01 - Trademark

INT 658 - Assignment 01 - Trademark - (2 pts) 5. What is...

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Law of Cyberspace INT 658 (30 pts) Trademarks and service marks are administered by the United States Patent and Trademark Office (USPTO) of the United States Department of Commerce. The USPTO web site is at http://www.uspto.gov . From that site you should be able to find the information to answer the following questions. 1. Provide a legal definition of (a) trademark and (b) service mark. Provide a citation. (4 pts) 2. What factors will a USPTO examining attorney consider in determining whether there would be a likelihood of confusion between a mark that has been submitted and an existing trade or service mark? (4 pts) To find a conflict, must the examiner find the marks are identical? Yes or No – explain. (2 pts) 3. In addition to conflict or potential confusion with another mark, provide four other reasons an examining attorney may refuse a trade or service mark. (8 pts) 4. What are the benefits of federal trademark registration?
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Unformatted text preview: (2 pts) 5. What is the difference between TM and (R within a circle?) (4 pts) 6. How long does a trademark registration last? (2 pts) 7. Telepower is a service mark belonging to Fort Hays State University. Do a search on the USPTO website. How many other Telepowers are live? Explain why multiple entities can use this trade/service mark. (4 pts) 8. Extra Credit: Can a trademark be used by a person who is not the holder? The following case provides an example of when it can: Playboy Enterprises, Inc. v. Terri Welles, et al., 162 F.3d 1169 (9th Cir., February 1, 2002). Why can Terri Welles use the acronym PMOY and the phrase Playmate of the Year? (4 pts) Provide an example of when you could use the trademarked term Fort Hays State University in a legal manner. (1 pt) Can you provide another example of when a trademark can be legally used by someone other than the owner of the trademark? (5 pts)...
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