1211.02(b)(vii) Evidence of Fame of a Mark
Evidence of the fame of a mark (e.g., evidence of consumer recognition of a mark, or expenditures made in promoting or advertising a mark) is not relevant unless registration is sought under §2(f). In re McDonald’s Corp., 230 USPQ 304, 307 (TTAB 1986) (holding McDonald’s primarily merely a surname in spite of strong secondary meaning, with the Board stating that "the word ‘primarily’ refers to the primary significance of the term, that is, the ordinary meaning of the word, and not to the term’s strength as a trademark due to widespread advertising and promotion of the term as a mark to identify goods and/or services."); see also In re Olin Corp., 124 USPQ2d 1327, 1329 (TTAB 2017); In re Industrie Pirelli Societa per Azioni, 9 USPQ2d 1564, 1565 (TTAB 1988); In re Nelson Souto Major Piquet, 5 USPQ2d 1367, 1368 (TTAB 1987).