The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Aug 22nd, 2019, 4:04am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
   Other
   Trademark Forum
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Protecting My Own Trademark
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Protecting My Own Trademark  (Read 3356 times)
bcapehart
Newbie
*




   
Email

Posts: 41
Re: Protecting My Own Trademark
« Reply #5 on: Jan 2nd, 2008, 3:38pm »
Quote Quote Modify Modify

JJ -
 
Your follow up post deals with the concepts of strength of mark and dilution.  Generally, the stronger and more famous a mark, the greater the protection.  COCA-COLA is now famous due many factors, including a multi-million dollar marketing campaign.  EXXON is a strong mark as it is a made up word.
 
If a famous mark is used by a third party in a manner that may or may not be trademark infringement, it could still be subject to suit under the concept of dilution.  A famous mark is one that is protected from unauthorized use, not only on related goods, but also non-related goods.  Dilution is based on the concept that the strength of a famous mark will be weakened, i.e. diluted, by the use of mark by others.
 
There is a lot more to this, i.e. how is a mark famous, but suffice it to say, as a rule of thumb, the more well known and strong a mark, the more protection it will have.
 
I hope this helps.
Brent
IP Logged

Brent A. Capehart
Patents, Trademarks, Copyrights
Deep in the Ozark Mountains
bcapehart@ozarklawyer.com
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board