Free Trademark Knowledge Examination Practice Questions

Sample Practice Questions

Try these 10 sample questions from the Trademark Knowledge Examination practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1Two marks appear on goods in different Nice classes. What does section 6(2) require when assessing confusion?

   1. A.Assess whether use in the same area suggests a common sourceCorrect answer: A
   2. B.Treat different Nice classes as conclusive proof of no confusion
   3. C.Require proof that the goods have identical characteristics
   4. D.Compare only the registered class numbers of the goods

   Explanation: The Trademarks Act states: "whether or not the goods or services are of the same general class or appear in the same class of the Nice Classification." Different class numbers do not dispose of confusion; the issue is the inference of a common source.

   Reference: Trademarks Act, RSC 1985, c T-13 — s. 6(2)

2. 2Absent acquired distinctiveness under subsection 12(3), which surname rule appears in paragraph 12(1)(a)?

   1. A.Only an applicant's own surname is barred by this paragraph
   2. B.Primarily merely a surname of a living person or one deceased within 30 years is barredCorrect answer: B
   3. C.Any word ever used as a surname is barred regardless of its primary significance
   4. D.Only surnames of people deceased more than 30 years are barred by this paragraph

   Explanation: The source states: "primarily merely the name or the surname" The bar is qualified by primarily-merely character, the stated period and the saving provision.

   Reference: Trademarks Act, RSC 1985, c T-13 — s. 12(1)(a)

3. 3A filing lacks one item listed in subsection 33(1). What date ordinarily becomes its filing date once all items are received?

   1. A.The day the incomplete application was signed, despite missing required items
   2. B.The day the first item was submitted, regardless of when the rest arrived
   3. C.The day the Registrar receives the last of the required filing-date itemsCorrect answer: C
   4. D.The day any one filing-date item first reaches the Registrar

   Explanation: The source states: "the day on which the Registrar has received all of the following" Ordinary filing-date requirements must all be received; foreign priority is a separate rule.

   Reference: Trademarks Act, RSC 1985, c T-13 — s. 33(1)

4. 4In an opposition, an affiant declines to attend cross-examination. What does regulation 56(4) provide?

   1. A.The affidavit remains evidence but cross-examination is simply waived
   2. B.The affidavit is automatically accepted as undisputed evidence
   3. C.The affidavit remains evidence if the party repeats it in written argument
   4. D.The affected affidavit is excluded from the evidenceCorrect answer: D

   Explanation: The source states: "is not to be part of the evidence" Failure or refusal to attend excludes the affected affidavit/declaration, rather than deciding the whole case.

   Reference: Trademarks Regulations, SOR/2018-227 — s. 56(4)

5. 5Which set includes all three resemblance dimensions expressly named in paragraph 6(5)(e)?

   1. A.Their suggested ideas, with appearance and sound excluded
   2. B.Their visual appearance, with phonetic resemblance excluded
   3. C.Their appearance, sound and suggested ideasCorrect answer: C
   4. D.Their appearance and sound, with suggested ideas excluded

   Explanation: The Trademarks Act states: "including in appearance or sound or in the ideas suggested by them." The resemblance factor concerns how marks look, sound and convey ideas, not administrative data.

   Reference: Trademarks Act, RSC 1985, c T-13 — s. 6(5)(e)

6. 6A proposed mark is the ordinary name in Spanish of the very goods listed. Which paragraph directly addresses that problem?

   1. A.Paragraph 12(1)(c), names of the goods in any languageCorrect answer: A
   2. B.Paragraph 12(1)(a), recent personal names or surnames
   3. C.Paragraph 12(1)(d), confusion with a registered mark
   4. D.Subsection 12(2), primarily utilitarian features

   Explanation: The source states: "the name in any language of any of the goods or services" The any-language goods-name bar differs from English/French descriptiveness.

   Reference: Trademarks Act, RSC 1985, c T-13 — s. 12(1)(c)

7. 7After a subsection 33(2) notice, the applicant fails to supply outstanding filing-date items within two months. What follows under subsection 33(3)?

   1. A.The application receives a filing date automatically when the notice period ends
   2. B.The application is deemed never filed and the fees are not refundedCorrect answer: B
   3. C.The application keeps the first-submission date and the fees are not refunded
   4. D.The application is deemed never filed but the fees must be refunded

   Explanation: The source states: "the application is deemed never to have been filed." Failure within the nonextendible period means no filed application; paid fees are not refunded.

   Reference: Trademarks Act, RSC 1985, c T-13 — s. 33(3)

8. 8Who must submit and serve the transcript and exhibits after an opposition cross-examination?

   1. A.The examining party serves the transcript but need not submit it to the Registrar
   2. B.The examining party submits the transcript but need not serve it on the other party
   3. C.The examining party submits and serves the transcript and exhibitsCorrect answer: C
   4. D.The examined party submits and serves both transcript and exhibits instead

   Explanation: The source states: "the party that conducted the cross-examination" The examining party bears the transcript-and-exhibits filing/service obligation.

   Reference: Trademarks Regulations, SOR/2018-227 — s. 56(3)(a)

9. 9Which proposition correctly describes the circumstances considered under section 6(5)?

   1. A.Only circumstances arising after registration may be considered
   2. B.Only evidence of actual mistaken purchases may be considered
   3. C.All surrounding circumstances must be consideredCorrect answer: C
   4. D.Only the degree of visual resemblance may be considered

   Explanation: The Trademarks Act states: "shall have regard to all the surrounding circumstances including" The statutory inquiry is broader than any one factor or proof of actual mistakes.

   Reference: Trademarks Act, RSC 1985, c T-13 — s. 6(5)

10. 10Why should a clearance search consider trade names beyond registered trademarks?

    1. A.Every trade name is automatically a registered trademark
    2. B.Trade names cannot be challenged by any trademark owner
    3. C.Only registered names can ever support an opposition
    4. D.Unregistered trade names may also be used as trademarksCorrect answer: D

    Explanation: The source states: "Trade names are often used as trademarks - even if they are not registered." The trademark database alone cannot exhaust potentially relevant unregistered use.

    Reference: CIPO Trademarks guide — Search trade names