What Is a Famous Mark and a Well-Known Mark?
The analysis of whether a trademark is famous or well known varies from jurisdiction to jurisdiction. Although some jurisdictions treat famous and well-known marks as synonymous, most jurisdictions distinguish between famous and well-known marks giving famous marks a higher degree of reputation than well-known marks. Famous marks are those that enjoy a high degree of consumer recognition (e.g., COCA-COLA). In most jurisdictions fame is determined on a case-by-case basis within the context of an infringement proceeding or administrative challenge. Evidence relevant to the fame of a trademark may include sales and revenue figures, geographical scope of use, channels of trade, distinctiveness, registrations in home and other countries, past enforcement efforts, and the existence of similar marks owned by third parties. The determination of whether a mark is well known is conducted on a jurisdiction by jurisdiction basis, and the factors reviewed are similar to those for famous marks. The
Related Questions
- If the registered trademark has become famous in Japan, is there any way to protect the registered mark in addition to the trademark registration?
- Why does registered trademark or well-known mark owners enjoy priority over other applicants?
- What famous battle in Pennsylvania became known ashigh wwater mark of the confederacy?
