Trademark Law Essay

Many banks will not allow you to open a business account under your business name if it is not trademarked.Some banks will allow a DBA, which is short for "doing business as." DBA's create a registered fictitious business name but do not provide legal protection like a trademark.

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Please note that the composite answer does not necessarily address every issue, nor resolve every issue in such a way as to earn all the points for that issue.

Both the examination and the answer should be read in light of the documents I have posted above describing how to deal with my exams.

I contemplate that the ultimate exam instructions will be substantially similar to these instructions, however, I reserve the right to change these exam instructions in any way.

Here is a document about how to write answers for my exams and some information about how I evaluate these answers.

If you have a mark that does yet have commercial standing, you can still obtain a trademark by making a good faith argument in writing to use the symbol at some point in the future for commerce.

There are four different categories of distinctiveness for trademarks including descriptive, suggestive, fanciful or arbitrary, and generic.The trademark law portions of the IP survey exams below are relevant and representative, but not as extensive as the issues that are likely to be presented in the examination for a full trademark course.This link provides an example trademark exam for the Spring 2016 trademark course.Please note that the facts section is about two pages shorter than the expected length of the actual examination.This example derived from the Fall 2003 IP Survey examination below.In the event that another business tries to use the same or similar name, you will have legal recourse to stop it.A trademarked name marks all of your products and services as yours and no one else's and can also protect you from counterfeit products.There may be revisions to this document during the Spring 2016 "exam season." Here is a video of a presentation I gave about how to prepare for courses and course examinations.To be most useful, one should watch this video sometime during the first third of the course. Here is a video of a presentation I recommend about how to outline for a course.To be most useful, one should watch this video sometime during the first third of the course.Please note that I generally calibrate the length of my exams with the number of course hours.


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