Answer the following:
1. What are the 4 types of trademarks? Provide an example of each.
2. Is registration required to secure trademark protection? If not, why then do we
have a registration system in place?
3. What are the pros and cons of registration?
4. How much does it cost?
5. Provide a summary of the steps in order to register a trademark.
6. Practically, what advice would you give to a new business enterprise that wanted
to trademark its logo?
7. Is there ever a situation where you would not recommend registering the
trademark?
8. What arguments could be made that trademark protection comports with biblical
principles? Do you agree?
9. directions:
10. You are required to provide a thread in response to the provided prompt for each
forum. Each thread must be at least 300 words and demonstrate course-related
knowledge with at least 3 references properly cited in current Bluebook format.
Primary sources must be used whenever possible and appropriately
supplemented with high quality secondary sources. The supporting sources must
be course textbooks or found using the LexisNexis Academic search engine
which is available as part of the Liberty University Online Library.
PLST 420 DISCUSSION BOARD RUBRIC
Criteria
Levels of Achievement
Content
(70%)
Advanced
90-100%
Proficient
70-89%
Developing
1-69%
Not present
Total
Thread:
Content
18 to 20 points
All key components of the
Discussion Board Forum
prompt are answered in the
thread. The thread has a clear,
logical flow. Major points are
stated clearly. Major points are
supported by good examples or
thoughtful analysis.
14 to 17.5 points
Most of the components of
the Discussion Board Forum
prompt are answered in the
thread. The thread has a
logical flow. Major points
are stated reasonably well.
Major points are supported
by good examples or
thoughtful analysis.
1 to 13.5 points
The Discussion Board
Forum prompt are
addressed minimally.
The thread lacks flow or
content. Major points are
unclear or confusing.
Major points are not
supported by examples or
thoughtful analysis.
0 points
Not present
Replies:
Content
13.5 to 15 points
Each reply focuses on a
meaningful point made in
another student’s thread. Each
reply provides substantive
additional thoughts regarding
the thread and an explanation of
why the student agrees or
disagrees with the idea
presented in the thread. Each
reply is clear and coherent.
10.5 to 13 points
Most replies focus on a
meaningful point made in
another student’s thread.
Most replies provide
substantive additional
thoughts regarding the thread
and an explanation of why
the student likes or dislikes
the idea presented in the
thread. Most replies are clear
and coherent.
1 to 10 points
Some replies focus on a
point made in another
student’s thread. Replies
could be more
substantive regarding the
thread. Replies lack
clarity and coherence.
0 points
Not present
Structure
(30%)
Advanced
90-100%
Proficient
70-89%
Developing
1-69%
Not present
Total
Thread:
Grammar
and
Spelling,
Bluebook
formatting
(30%)
6.75 to 7.5 points
Spelling and grammar are
correct. Sentences are
complete, clear, and concise.
Paragraphs contain
appropriately varied sentence
structures. Where applicable,
5.25 to 6.5 points
Spelling and grammar has
some errors. Sentences are
presented as well.
Paragraphs contain some
varied sentence structures.
Where applicable,
1 to 5 points
Spelling and grammar
errors distract. Sentences
are incomplete or
unclear. Paragraphs are
poorly formed. Where
applicable, references
0 points
Not present
references are cited in current
Bluebook format.
references are cited with
some Bluebook formatting.
are minimally or not
cited in current
Bluebook format.
Word Count
6.75 to 7.5 points
Minimum word count of 300
words for thread is met or
exceeded.
At least 2 replies are present,
and a minimum word count
of 200 words is met or
exceeded for each.
3.5 to 4.4 points
Minimum word count of
150-299 words met.
At least 2 replies are
present, or a minimum
word count of 75-199
words met.
1 to 5 points
Minimum word count
of 1-149 words met.
At least 1 reply is
present, or a
minimum word count
of 1-74 words met.
0 points
Not present
Professor
Comments:
Total:
/50
1. Four types of trademarks
Generic signs: include common signs or words. These lack uniqueness and do not qualify for
trademark protection since it would result in an unfair monopoly (WIPO, 2017, P.23). For
example, an intention to register the trademark “House” to sell houses will be rejected due to
its generic nature.
Descriptive trademarks: they describe some aspects of a specific product, such as efficacy,
shape, and value (Calmann & Halpern, 2009, p.47). For instance, the term “Soft Touch” can
be used to describe diapers.
Arbitrary trademarks: include signs and words with meaning but without a logical link to
the product or service under advertisement (Calmann & Halpern, 2009, p.47). For example,
the term “Apple” can be used as a trademark for computers.
Suggestive trademarks: They hint at the attributes or qualities of goods or services (WIPO,
2017, P.22). For instance, the term “Cosy” can be used to market furniture since it implies a
comfortable feel.
2. The need for registration
Registration is necessary for securing trademark protection. The process ensures legal
protection of the rights of a business by preventing unfair competition through the use of an
identical mark for similar goods or services (De Propiedad Intelectual, 1993, p.10).
3. Registration
Pros
The owner enjoys exclusive rights related to the use of the trademark.
It establishes goodwill and trust among consumers.
A trademark ensures protection against competitor infringement.
Cons
The registration process is subject to a lot of bureaucracy and often takes longer.
Trademarks are subject to dispute through lawsuits; thus, leading to unnecessary legal
fees.
4. The cost of registration
The cost of filing for a trademark in the United States is currently at 650 dollars in addition to
a government fee of either 275 or 225 dollars per the classification of goods.
5. Steps of the trademark registration process
The process involves four significant steps:
Filing Application: An interested party files an online application, and an official receipt is
issued for reference.
Examination: The examiner scrutinizes the filed application for discrepancies.
Publication: The trademark is published for the public in case a party wishes to file an
objection.
Issuance of Registration Certificate: A registration certificate with the Trademark Office
seal is issued.
6. Advice for trademarking a logo
The enterprise should consider the appropriateness of the intended logo.
They should search in the USPTO database for any similar logo to avoid lawsuits.
7. A situation where a trademark would be unnecessary
A party should not deliberately apply for a second party’s registered mark in another
country because it amounts to an act of bad faith.
An entrepreneur should not register a trademark without the help of an attorney.
Counsel will help prevent potential issues by conducting unbiased analysis and
correcting identified problems (Calmann & Halpern, 2009, p.48).
8. Trademark protection comports with biblical principles.
Trademark protection requires entrepreneurs and enterprises to act in good faith regarding the
purpose of the mark and avoid using other businesses' registered trademarks. The requirement
of good faith aligns with the biblical teachings of integrity and honesty.
References
Calmann, A. B., & Halpern, J. B. (2009). Ten Steps to Prevent Trademark Disaster. NEW
JERSEY LAWYER, 47. https://www.saiber.com/insights/publications/2009-06-01-
ten-steps-to-prevent-trademark-disaster-by-arnold-calmann-and-jakob-
halpern/_res/id=Attachments/index=0/Ten-Steps-to-Prevent-Trademark-Disaster.pdf
De Propiedad Intelectual, O. M. (1993). Introduction to Trademark Law and Practice: The
Basic Concepts: a WIPO Training Manual. WIPO.
https://www.wipo.int/edocs/pubdocs/en/wipo_pub_653.pdf
WIPO. (2017). An Introduction to Trademarks for Small and Medium-sized
Enterprises [Pdf] (pp. 1-84). Retrieved 19 May 2021, from
https://aineetonansainta.fi/wp-content/uploads/2019/05/wipo_pub_900_1.pdf.
