bcapehart
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Re: Protecting My Own Trademark
« Reply #5 on: Jan 2nd, 2008, 3:38pm » |
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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
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