- Famous Trademark Factors (Federal)
Under Lanham Act § 43(c), 15 U.S.C.A. § 1125(c), 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:
Examples of famous marks include GOOGLE, WALMART, VODAFONE, ROLEX, CLOROX, KODAK, VICTORIA SECRET and EXXON.
- The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties.
- The amount, volume, and geographic extent of sales of goods or services offered under the mark.
- The extent of actual recognition of the mark.
- Whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.
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