LAST ONE STANDING

LAST ONE STANDING

The Intelectual Property Challenge for Paralegal Students

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QUESTION 01 OF 20

Emma owns a bakery called Sweet Crumbs and has registered the name as a trademark. Her friend opens a new bakery in the same city called Sweat Crumbs, selling similar cakes and pastries. Which of the following is true regarding trademark law?

Emma can likely prevent her friend from using Sweat Crumbs because it is confusingly similar to her trademark.

Emma has no legal claim because the names sound slightly different.

Emma can automatically claim her friend’s profits without going to court.

QUESTION 01 OF 20

RIGHT!

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QUESTION 02 OF 20

Leo launches a line of eco-friendly water bottles under the brand name HydroHero. A company in another state starts selling water bottles called HydroHeros, with a similar logo and design.

Leo may have a valid trademark claim because the names and branding are confusingly similar.

Leo can force the other company to give him their inventory for free.

Leo cannot do anything because trademarks don’t cover product design.

QUESTION 02 OF 20

RIGHT!

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QUESTION 03 OF 20

Maya sells handmade candles under the brand GlowTime. Another seller on an online marketplace lists candles as GlowTimes with a very different logo and packaging. Which statement is correct?

Maya might have a claim, but the differences in logo and packaging reduce the likelihood of consumer confusion.

Maya cannot take any action because online marketplaces aren’t covered by trademark law.

Maya automatically wins because any similar name is infringement.

QUESTION 03 OF 20

RIGHT!

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QUESTION 04 OF 20

A tech startup creates an app called QuickNote. Another company starts selling a completely different type of software called QuickNote Pro that is unrelated to note-taking.

The startup can force the other company to shut down immediately without evidence of confusion

Since the products are unrelated, trademark infringement is unlikely.

Any use of the name QuickNote is automatically infringement.

QUESTION 04 OF 20

RIGHT!

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QUESTION 05 OF 20

Javier wants to start a new coffee shop called Brewtopia and wants to make sure no one else is already using the name. Which is the best way for Javier to research whether Brewtopia is already trademarked?

Search the USPTO’s Trademark Electronic Search System (TESS) for existing trademarks.

Just check if the website domain is available and assume the name is free

Ask random people on social media if they like the name.

QUESTION 05 OF 20

RIGHT!

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QUESTION 06 OF 20

Which of the following lists correctly identifies the four main fields of law that comprise Intellectual Property?

Trademarks, Copyrights, Industrial Design, and Trade Secrets

Trademarks, Copyrights, Patents, and Trade Secrets

Trademarks, Copyrights, Licensing, and Trade Dress

QUESTION 06 OF 20

RIGHT!

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QUESTION 07 OF 20

After registering her new song with the U.S. Copyright Office, Ava discovers that Liam uploaded it online without permission. As the copyright owner, Ava may bring an action for:

Conversion

Infringement

Misappropriation

QUESTION 07 of 20

RIGHT!

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QUESTION 08 of 20

Sofia is assisting an attorney with a client’s patent application. She learns that the process of communicating with the USPTO examiner, responding to office actions, and advancing the application toward approval is called:

Prosecution

Litigation

Registration

QUESTION 08 of 20

RIGHT!

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QUESTION 09 of 20

Noah is helping prepare a client’s trademark application. To prove the mark is already being used in commerce, he must submit a sample showing the mark as it appears on goods or services. This sample is called a:

Exhibit

Specimen

Declaration

QUESTION 09 of 20

RIGHT!

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QUESTION 10 of 20

Maya gives Ethan detailed suggestions and feedback while he writes a screenplay, but she doesn’t actually write or create any of the content herself. Later, Maya claims she is a joint author of the work. Under copyright law, is she correct?

No, because giving suggestions alone isn’t enough to make someone a joint author.

Yes, because joint authorship doesn’t require equal contributions.

Yes, because her ideas influenced the final work.

QUESTION 10 of 20

RIGHT!

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QUESTION 11 of 20

Oliver is filing a trademark application and notices that the USPTO requires him to list an international class number for his goods and services. What does “international class” refer to?

A certification showing the mark meets international trade standards

A global licensing agreement that allows use of the mark in multiple countries

A category used to group similar goods or services under the trademark system

QUESTION 11 of 20

RIGHT!

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QUESTION 12 of20

Ella is classifying a client’s online banking service for a trademark application. She wonders if it should be listed under a separate class because it’s offered on a website instead of in a physical bank. How should it be classified?

Under I.C. 42, for computer and technology services

Under I.C. 36, the same class as traditional banking services

Under a new internet services class, since it’s online

QUESTION 12 of 20

RIGHT!

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QUESTION 13 of 20

Lena is researching how intellectual property rights are protected beyond the United States. She learns that several international agreements govern the recognition and protection of IP across countries. Which of the following lists includes such agreements?

Hague Convention, Geneva Convention, and Vienna Agreement

Berne Convention, Madrid Protocol, Paris Convention, and NAFTA

NATO Accord, UNESCO Treaty, and GATT Agreement

QUESTION 13 of 20

RIGHT!

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QUESTION 14 of 20

Riley, an engineer, invents a new type of battery while working for EcoPower Inc. as part of her regular job duties. Who most likely owns the patent rights to the invention?

Both Riley and EcoPower Inc. automatically share ownership equally.

Riley, because she is the inventor.

EcoPower Inc.

QUESTION 14 of 20

RIGHT!

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QUESTION 15 of 20

Harper works for a tech company and secretly downloads a confidential formula used in the company’s manufacturing process to share with a competitor. The formula was not publicly known and gave the company a competitive edge. What type of intellectual property has Harper misappropriated?

Patent

Trade Secret

Copyrighted Material

QUESTION 15 of 20

RIGHT!

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QUESTION 16 of 20

Sophie writes a novel in 2025 and registers it with the U.S. Copyright Office. Under current U.S. copyright law, how long will her copyright protection last?

95 years from the date of registration

Life of author plus 70 years

70 years from the date of publication

QUESTION 16 of 20

RIGHT!

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QUESTION 17 of 20

Nina starts selling a brand of coffee called “Starbreeze”. The famous coffee company “Starbucks” sues her for trademark infringement. Nina argues that her use is allowed because she is just describing the flavor of her coffee and not trying to compete unfairly. This defense is an example of:

Abandonment

Laches

Fair Use

QUESTION 17 of 20

RIGHT!

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QUESTION 18 of 20

Ethan notices that a competitor is using a logo nearly identical to his registered trademark. He wants to file a federal lawsuit to stop the infringement. Which U.S. law provides the primary legal framework for this action?

The Patent Act

The Copyright Act

The Lanham Act

QUESTION 18 of 20

RIGHT!

next question

QUESTION 19 of 20

Liam creates an original digital art series. He knows that his work is automatically protected by copyright, but he wants the strongest legal remedies if someone copies it. Why should Liam register his copyright with the U.S. Copyright Office?

Registration allows Liam to file an infringement lawsuit and seek statutory damages and attorney’s fees

Registration automatically trademarks the work’s title.

Registration is required to own the copyright.

QUESTION 19 of 20

RIGHT!

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QUESTION 20 Of 20

Sophia discovers that a competitor is selling handbags with a logo confusingly similar to her registered trademark. She wants to stop them and recover damages. Which of the following remedies is available under U.S. trademark law?

Automatic patent protection for her logo

Compulsory licensing of the competitor’s products

Injunction

QUESTION 20 of 20

RIGHT!

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