- Famous Trademark Factors (Florida)
F.S. 495.151 provides a court may consider the following factors including, but not limited to: (a) degree of inherent or acquired distinctiveness of the mark in Florida; (b) duration and extent of use; (c) advertising and publicity in Florida; (d) geographic area in which mark is used; (e) channels of trade; (f) degree of recognition; (g) use of same or similar mark by third parties; and (h) whether registered...either in Florida or federally.
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