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W9 - Questions

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W9 - Questions

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22070013
Copyright
© © All Rights Reserved
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Week 9

1. Which of the following is a factor used to evaluate whether a trademark is well-


known?
A) The logo design of the trademark
B) The number of countries that protect the trademark
C) The manufacturing cost of the product
D) The age of the consumers

2. A sign may be considered ineligible for protection if it:


A) Is a widely known term for the goods or services it represents
B) Contains specific, unique wording
C) Is a nickname of a national hero of Vietnam
D) Has been used for at least two years

3. A trademark may gain distinctiveness through:


A) Registration only
B) Trademark testing
C) Continuous use in the marketplace
D) Approval by local government

4. For a well-known trademark, how long should it be continuously used to show


distinctiveness?
A) Six months
B) Until a competitor registers a similar mark
C) More than three years
D) None of the above

54. For a well-known trademark, how long should it be continuously used to show
distinctiveness?
A) Six months
B) Until a competitor registers a similar mark
C) More than three years
D) None of the abo

6. If a trademark is descriptive of the product’s features, it:


A) Can be protected with modifications
B) Shall be considered non-distinctive and be ineligible for protection
C) Is always eligible for certification marks
D) Is protected internationally

7. Which of the following is NOT a characteristic of trademarks?


A) Used to distinguish goods and services
B) Protect creative products used in industries
C) Indicate the origin of goods and services
D) Have an advertising function

8. What is the difference between a ordinary trademark and a well-known


trademark?
A) Well-known trademarks are automatically protected without registration.
B) Ordinary trademarks enjoy broader protection than well-known trademarks.
C) Well-known trademarks are only protectable for a limited period.
D) Ordinary trademarks must be registered in multiple countries.

9. Which of the following cannot be protected as trademarks in Vietnam?


A) The scent of a perfume product
B) A sound used in an advertisement
C) The logo of a fashion brand
D) The short name of a company

10. Name all the cases of signs that cannot be protected as trademarks

11. Donna Tower produced bird’s nest soft drink named “BIRD’S NEST”.
Interfood produced bird’s nest soft drink named “WONDERFARM BIRD’S
NEST”. Who is likely to gain trademark protection from Government?

12. Assuming that Honda is a well-known trademark in Vietnam (used for


vehicles like motorcycle and automobile; as well as the service of selling such
vehicles). Can a person register the mark Honda in Vietnam for products/services
in a different industry, for example, clothes or food and beverage?
### 10. Cases of Signs Not Protected as Trademarks:
Under Vietnam's IP Law, certain signs are not eligible for trademark protection,
including:
1. **Governmental Signs:**
- Signs identical with or confusingly similar to national flags, emblems, or
names of State bodies.
2. **Public Symbols and Titles:**
- Signs resembling certification seals or the names of organizations not involved
in business.
3. **Deceptive Signs:**
- Signs that mislead consumers about the origin, quality, or characteristics of
goods or services.
4. **Generic or Common Signs:**
- Shapes, letters, or symbols widely used and lacking distinctiveness.
5. **Conflict with Existing Rights:**
- Signs identical or similar to well-known marks or previously registered marks
that may cause confusion.
### 11. Trademark Protection for "BIRD'S NEST":
In the case of Donna Tower and Interfood:
- **Donna Tower's "BIRD’S NEST":**
- Using a generic term describing the product's content may face rejection unless
combined with distinctive elements.
- **Interfood's "WONDERFARM BIRD'S NEST":**
- Likely to gain protection as it combines the descriptive term "BIRD'S NEST"
with "WONDERFARM," adding distinctiveness.
### 12. Registration of "Honda" for Other Industries:
- **Well-Known Mark Protection:**
- As Honda is recognized as a well-known mark in Vietnam, its protection
extends beyond vehicles to other categories if the new use may dilute the brand's
distinctiveness or unfairly exploit its reputation.

- **Legal Implication:**
- Registering "Honda" for clothes or food may be disallowed to avoid confusion
and maintain the mark's integrity.

If you require additional details or translations, feel free to ask!

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