What is a famous trademark?

A famous trademark is one that has acquired an exceptionally high degree of consumer recognition. Famous marks are afforded a broad scope of legal protection because they are more likely to be remembered and associated in the public mind than a weaker mark. Very few trademarks are eligible for "famous" status because the mark must become a household name before receiving the additional protections provided in the Lanham Act.

The courts evaluate the following factors to see if a mark is famous: (1) the degree of inherent or acquired distinctiveness of the mark; (2) the duration and extent of use of the mark in connection with the goods or services with which the mark is used; (3) the duration and extent of advertising and publicity of the mark; (4) the geographical extent of the trading area in which the mark is used; (5) the channels of trade for the goods or services with which the mark is used; (6) the degree of recognition of the mark in the trading areas and channels of trade used by the marks' owner and the person against whom the injunction is sought; (7) the nature and extent of use of the same or similar marks by third parties; and (8) whether the mark was registered on the principal register.

Examples of famous trademarks:

  1. Nike
  2. Apple
  3. Costco
  4. Cartier
  5. Ford
  6. Polo
  7. Burger King
Call us at (888) 501-5743 to speak directly with a Trademark Attorney!
Contact The Trademark Source - (844) 413-1711