Master Trademarks: Protection and Enforcement

Question 1

What is the primary function of a trademark?

Accepted Answer

To indicate the source of goods or services and distinguish them from competitors' products

Answer

To protect consumers from counterfeits

Answer

To create a monopoly for the owner

Answer

To prevent competitors from using similar marks

Question 2

What is the main distinction between infringement and passing off in trademark law?

Accepted Answer

Infringement involves using an identical mark, while passing off involves using a similar but different mark

Answer

Infringement requires actual confusion, while passing off requires only potential confusion

Answer

Infringement can only occur if the mark is registered, while passing off can occur regardless of registration

Answer

Passing off is a criminal offense, while infringement is a civil action

Question 3

What is the main purpose of the exhaustion doctrine in trademark law?

Accepted Answer

To promote competition

Answer

To prevent parallel importation

Answer

To protect trademark owners

Question 4

What is the significance of goodwill in relation to trademarks?

Accepted Answer

It determines the scope of protection granted

Answer

It is not relevant to trademark law

Answer

It limits the grounds for infringement

Question 5

What is the consequence of a successful application for a revocation of a trademark?

Accepted Answer

The trademark is removed from the register

Answer

The trademark owner has the right to appeal

Question 6

What is the primary function of a trademark?

Accepted Answer

To indicate the source of goods or services

Answer

To guarantee the quality of goods or services

Answer

To prevent others from using similar marks

Question 7

Which of the following factors is NOT considered by courts when determining whether a mark is distinctive?

Accepted Answer

The number of similar marks that are already registered

Answer

The inherent distinctiveness of the mark

Answer

The extent to which the mark has been used

Answer

The level of advertising and promotion of the mark

Question 8

Which of the following is NOT a ground for invalidating a trademark registration?

Accepted Answer

The mark is owned by a different entity

Answer

The mark was not distinctive when it was registered

Answer

The mark has become deceptive or confusing

Answer

The mark has not been used in the course of trade for five consecutive years

Question 9

What is the international classification system used for trademarks?

Accepted Answer

The Nice Classification

Answer

The Madrid System

Answer

The Paris Convention

Answer

The Berne Convention

Question 10

The primary legal basis for trademark infringement in the UK is:

Accepted Answer

The Trade Marks Act 1994

Answer

The common law tort of passing off

Answer

The Copyright, Designs and Patents Act 1988

Answer

The Paris Convention for the Protection of Industrial Property

Question 11

A key distinction between a trademark and a service mark is that:

Accepted Answer

A trademark is used for goods, while a service mark is used for services

Answer

A trademark can be registered, while a service mark cannot

Answer

A service mark is stronger than a trademark

Question 12

The Madrid Protocol primarily serves the purpose of:

Accepted Answer

Facilitating the international registration of trademarks

Answer

Harmonizing trademark laws globally

Answer

Establishing a centralized global trademark registry

Question 13

The tort of passing off finds its legal basis in:

Accepted Answer

The common law

Answer

The Madrid Protocol

Answer

The Trade Marks Act 1994

Answer

The Paris Convention for the Protection of Industrial Property

Question 14

Which of the following is NOT an essential element of the tort of passing off?

Accepted Answer

Damages

Answer

Goodwill

Answer

Misrepresentation

Answer

Deception

Question 15

The primary advantage of a registered trademark over an unregistered trademark is that it:

Accepted Answer

Provides stronger legal protection

Answer

Is easier to obtain

Answer

Can be used for an unlimited period

Question 16

What is the primary purpose of the 'likelihood of confusion' test in trademark infringement cases under the Trade Marks Act 1994?

Accepted Answer

To determine whether consumers are likely to be misled about the origin of goods or services

Answer

To determine whether the trademark has acquired distinctiveness

Answer

To determine whether the use of the trademark is fair use

Question 17

Under which of the following circumstances can a trademark be revoked for non-use under Section 46 of the Trade Marks Act 1994?

Accepted Answer

If it has not been used for a continuous period of 5 years

Answer

If it has become generic

Answer

If it has been used for an unlawful purpose

Question 18

What is the main difference between a trademark and a service mark under the Trade Marks Act 1994?

Accepted Answer

A trademark identifies goods, while a service mark identifies services

Answer

A trademark can be infringed, while a service mark cannot

Answer

A trademark is registered, while a service mark is not

Question 19

What is the purpose of the 'passing off' tort in relation to trademarks under the common law?

Accepted Answer

To prevent the misrepresentation of goods or services as those of another

Answer

To revoke trademarks that have become generic

Answer

To register trademarks that are not distinctive

Question 20

Which of the following is a characteristic of a 'well-known trademark' under the Trade Marks Act 1994?

Accepted Answer

It enjoys protection beyond its registered goods or services

Answer

It can be registered without any use

Answer

It cannot be infringed by similar marks

Question 21

What is the significance of the 'bona fide use' defense in trademark infringement cases under the Trade Marks Act 1994?

Accepted Answer

It allows the defendant to continue using the trademark if they have been using it in good faith before the plaintiff's registration

Answer

It automatically invalidates the plaintiff's trademark registration

Question 22

Which of the following is NOT a type of trademark classification under the Trade Marks Act 1994?

Accepted Answer

International Classification of Diseases

Answer

Nice Classification

Answer

International Classification of Goods and Services

Question 23

What is the purpose of a trademark license under the Trade Marks Act 1994?

Accepted Answer

To authorize another person to use the trademark on their goods or services

Answer

To transfer ownership of a trademark

Answer

To register a trademark jointly with another person