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Trademark Dilution Overview

Trademark Dilution Overview

Trademark dilution is the blurring or tarnishment of famous trademarks by creating a trademark to similar to an existing famous one. Only famous trademarks are protected under dilution laws.

1. The length of time the trademarked thing has been existing.

2. The duration of time that advertising for the trademarked thing has been in circulation.

3. The geographic area the trademark is used.

4. How distinct the trademarked thing is.

5. How recognizable the public views the trademarked thing as.

6. The way in which the trademarked thing is sold and distributed.

7. The amount that third parties use the trademarked thing.

8. Whether the mark was federally registered.

NEXT: What are Some Remedies for Dilution?

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