What is considered a famous trademark?

What is considered a famous trademark?

Famous marks are those that have an immediate connection in the minds of the consumers with a specific product or service and the source of that product or service. Examples of famous trademarks are APPLE, COCA-COLA, MCDONALDS and NIKE.

What is the most famous trademark?

The Most Valuable Trademarks in the World – Top 10

• Amazon – 416 Billion Dollars.
• Apple – 352 Billion Dollars.
• Microsoft – 327 Billion Dollars.
• Google – 324 Billion Dollars.
• Visa – 187 Billion Dollars.
• Alibaba – 153 Billion Dollars.
• Tencent – 151 Billion Dollars.
• Facebook – 147 Billion Dollars.

What are the criteria for trademark registration?

The legal requirements to register a trademark under the Trade Marks Act, 1999 are as follows:

• The mark should be capable of being represented graphically (ie, in paper form);
• The mark should be capable of distinguishing the goods or services of one undertaking from those of others; and.

What makes a good trademark name?

Put simply, the more individual and striking the name for the goods/services of interest, the stronger it will be and the greater the chance of getting a trade mark registration and being able to prevent copycats. Names like these are ‘good’ trade marks because, legally speaking, they are easier to enforce.

Which type of trademark violation requires a famous mark?

Trademark dilution
Trademark dilution refers to the unauthorized use of and/or application for a trademark that is likely to weaken the distinctive quality of or harm a famous mark.

What is a well-known mark in intellectual property?

The Trademarks Act, 1999, defines well-known trademark as, “a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade …

What are the most valuable trademarks?

As of 2021, Apple was the most valuable brand in the world with an estimated brand value of about 263.4 billion U.S. dollars. Amazon, which was the second leading brand in the world, had a brand value of about 254.2 billion U.S. dollars that year.

How do I choose a trademark name?

How to Select a Good Trademark

1. Avoid trademarks that cannot be registered.
2. Strength of the trademark matters.
3. Choose words that are fanciful or arbitrary.
4. Avoid descriptive and generic words.
5. Avoid surnames.
6. Avoid words that will cause consumers to be confused with another trademark.
7. Avoid three letter acronyms and numbers.

Which is eligible for trademark protection?

For a mark to qualify for trademark protection, it needs to be distinctive. In other words, the mark needs to be capable of identifying the manufacturer of a particular product or service.

What is a strong trademark?

It’s important to have a strong trademark that is inherently distinctive. This means your trademark quickly and clearly identifies you as the source of your goods or services. Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic.

How do I legally create a brand name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

Is a strong or well-known mark better for trademark protection?

In this analysis, while no one factor is determinative, a strong or well-known mark will receive broader protection than a weaker mark. A mark does not need to be registered to receive protection. The United States Patent and Trademark Office (USPTO) uses these same factors in deciding whether to protect a well-known mark.

What does it mean when a trademark is famous?

A mark is considered famous if it is widely recognized by the general consuming public of the United States.

What are the rights of a famous mark?

The owner of a famous mark is entitled to an injunction against another person who uses a mark or trade name in commerce that is likely to cause dilution of the famous mark regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. See 15 U.S.C. § 1125 (c).

What is a dilution of a trademark?

The use of a mark or trade name in commerce sufficiently similar to a famous mark that by association it reduces, or is likely to reduce, the public’s perception that the famous mark signifies something unique, singular or particular. Dilution is comprised of two principal harms: blurring and tarnishment.