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:

  1. The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties.
  2. The amount, volume, and geographic extent of sales of goods or services offered under the mark.
  3. The extent of actual recognition of the mark.
  4. Whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.
Examples of famous marks include GOOGLE, WALMART, VODAFONE, ROLEX, CLOROX, KODAK, VICTORIA SECRET and EXXON.


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