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Well known trademarks
Posted by Anonymous . updated on 2/26/2009
Can somebody explain me, what are the criterias to consider the trademark- well-known.
If I, for example, would like to register the trademark NIKE or COCA COLA for q-tips or toilet paper, would I risk that Coca Cola or Nike will take away the trademark from me in the future, just because it is well known mark?
Thanks.
Answers (5)
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JSonnab...
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I would say that you don't run that risk at all because you'd never get the trademark registration in the first place. Both of those marks would be "famous", I believe, and both companies are vigilant in protecting their marks. You wouldn't even get out of the starting gate, in my opinion.
- Jeff
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Karlson
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My question is what is the criteria?s for calling the trademark ?famous?.
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JSonnab...
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Under federal law, a "Famous Mark" is defined as follows:
(A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark's owner. In determining whether a mark possesses the requisite degree of recognition, the court may consider all relevant factors, including the following:
(i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties.
(ii) The amount, volume, and geographic extent of sales of goods or services offered under the mark.
(iii) The extent of actual recognition of the mark.
(iv) Whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.
Stated (very) loosely, if virtually everyone knows the mark, then it's famous.
- Jeff
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bcapehart
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Just as a follow up with what Jeff stated....The owner of a famous mark can enforce rights not only against potential trademark infringement, i.e. based on a likelihood of confusion, but also against trademark dilution, i.e. use of the mark (or similar version) in a non-confusing manner - using NIKE for a day care facility or COCA-COLA for the name of a tour bus service taking folks from Philly to Atlantic City for some fun on the boardwalk.
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