Trademark Law Exam Structure

• 2022 exam offered with in-person exam administration preferred.
• Four 90-minute modules (six hours total).
• Exam Sessions will begin around 8 AM and finish prior to 5 PM.

Morning Module 1

• Includes 40 objective (multiple choice) questions (2 points each).
• Includes 1 short essay question (30 points).

Morning Module 2

• Includes 30 objective (multiple choice) questions (2 points each).
• Includes 2 short essay questions (30 points each).

60-minute lunch break

Afternoon Module 1

• Includes 1 long essay question (85 points).
• Includes 5 short answer questions (10 points each).

Afternoon Module 2

• Includes 1 long essay question (85 points).
• Includes 5 short answer questions (10 points each).

All questions are allocated "points" and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principle of law involved and correct application of those principles. Full or partial credit for answers may be given.

Subject Matter

The examination shall cover the applicant’s knowledge and application of trademark law and rules of practice, and may include the following statutes and related case law:

(A) The Lanham Act (15 USC §1501 et seq.)

(B) Trademark Regulations (37 CFR Part 2)

(C) Trademark Manual of Examining Procedure (TMEP)

(D) Trademark Trial and Appeal Board Manual of Procedure (TBMP)

(E) The Trademark Counterfeiting Act of 1984 (18 USC §2320 et seq.)

(F) North Carolina Trademark Act (N.C. Gen. Stat. Chap. 80).

Sample questions

Please note that sample questions are included only as a reference for types of questions and suggested answers. They are not intended for use as legal authority.

Multiple Choice Sample Question:

Which of the following best describes the conditions under which an intent-to-use application can be validly assigned prior to the filing of an Allegation of Use?

(A) The application may be assigned, but the assignment document must reference goodwill.

(B) The application may only be assigned in connection with the sale of an existing business to which the application relates.

(C) The application may be freely assigned.

(D) The application is not assignable, since an Allegation of Use has not been filed.

ANSWER: B

Short Answer Sample Question:

Intent to Use Applications

Company A filed an application to register CHRONIX for aspirin based on a bona fide intent to use the mark in commerce. Development of the goods has been delayed, and Company A now wishes to transfer the pending application to Company B in exchange for money.

How would you advise your client?

ANSWER: Company A must either license use of the mark to Company B, or transfer the pending application to Company B, along with that part of Company A’s business. Section 10 of the Trademark Act, 15 U.S.C. §1060.