6. Marks that are not inherently distinctive are protected only when they acquire what?

a. Arbitrary meaning.

b. Primary association.

c. Secondary meaning.

d. Inherent distinctiveness.

7. The distinctive shape of a Coca-Cola bottle would be an example of which of the following?

a. Trade dress.

b. Ornamentation.

c. A service mark.

d. A certification mark.

8. Which of the following is NOT an element a plaintiff must establish to show trademark infringement?

a. That the mark is valid.

b. That the junior user’s use creates a likelihood of confusion among consumers.

c. That the plaintiff is the senior user.

d. That the mark is registered.

e. The plaintiff must prove all of the above.

9. Which of the following is the most important factor courts consider when reviewing “fair use” of a mark?

a. The manner in which the defendant used the mark.

b. Whether the defendant’s use is likely to confuse consumers.

c. Whether the defendant acted in good faith.

d. Whether the use constitutes a parody.