How are famous trademarks treated differently from regular trademarks?
A famous or well-known trademark is a popular mark, logo or a symbol that identifies a particular brand. In view of its widespread of reputation or recognition, receive a wider scope of protection that normal trademarks don’t enjoy. This is because famous marks are more likely to expose to unique risks and stand to lose a lot if their reputation is damaged.

The definition of “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. Normally, the protection of an ordinary trademark only covers the goods and services that is listed in their trademark application, however, a famous trademark allows the brand to stop others from using it even in unrelated industries, because they are more likely to be remembered in the public’s mind. Examples of famous trademarks such as APPLE, MICROSOFT, PEPSI and NIKE etc., and imagine someone selling coffee named “APPLE”, it would be an issue for them as the public may assume that “APPLE” has granted permission to that beverage company to sell coffee and naming them “APPLE”. Below are the factors that define whether the mark is “famous”:-

• The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties;
• The amount, volume, and geographic extent of sales of goods or services offered under the mark;
• The extent of actual recognition of the mark; and
• Whether the mark was registered under older versions of the Trademark Act and/or whether the trademark is listed on the Principal Register under current law.

Although famous and well-known marks receive special consideration and enjoys additional protections, there are some cases that a company or an individual registers an infringing mark (either highly similar or identical) in a country that doesn’t follow trademark common law, in that case, the owner may refer to evidence of use to prove whether the infringer has acted in bad faith to try to resolve the situation.

See Also:
Global trademark registration procedures and fees