Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?
A) Once a trademark is registered, the owner of the trademark cannot lose the right to use that mark.
B) Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant actually did confuse members of the public.
C) Before a trademark owner can sue successfully for an infringement, she must prove that the mark used by the defendant was the same as her mark.
D) The owner of a trademark can sue someone who forges his trademark, and can ask the court for an injunction, an accounting of profits, and custody of the offending wares.
E) If a person forges a trademark, that person can be sued by the owner of the trademark for infringement in a civil action, but there cannot be any criminal charges laid against her.

Question

Quizplus · Accepted Answer

Option A is incorrect as a trademark can be lost if it is not actively used or if it becomes a generic term. 
Option B is partly correct, as confusion of the public is one factor that needs to be proven, but it is not the only factor. 
Option C is incorrect as the mark used by the defendant must be similar but not the same as the one used by the plaintiff. 
Option D is correct as the owner of a trademark can sue for infringement and ask for an injunction (to prevent further infringement), an accounting of profits (to recover damages), and custody of the offending wares (to destroy them). 
Option E is incorrect as forging a trademark can lead to both civil and criminal charges.

Which of the Following Is True with Regard to Trademark