Indirect evidence of well-known trademark recognition

The study defines the indirect evidence of a trademark being recognized as well known. Basing on the fact that the indirect evidence prevails over the direct one, the author describes a potential risk associated with the predominance of the subjective factor in making decisions regarding well-known trademarks. The approach to addressing this challenge is relevant to the concept of multifaceted probabilistic causality derived from the field of criminological research. The adoption of the above-mentioned concept as an analytical tool allows one to clarify the specific steps in developing an objective procedure for assessing the indirect evidence of a well-known trademark. Firstly, each indicator listed in the administrative regulations is to be quantified, i.e. threshold values of common knowledge or the lack of it should be analyzed. Secondly, the weight is needed for each indicator, which is determined by the power of its correlation with the fact of being well known. Thirdly, it is necessary to identify the relationship between indicators. The procedure for considering indirect evidence proposed by the author is as follows: one should determine whether any indicator has reached the threshold value or not, and then the total weight of the particular indicators must be analyzed. These indicators may demonstrate that trademarks are well known (if the threshold value is reached) and refute it (if the threshold value is not reached). The greater total weight of the former proves the verifiable circumstance, and the greater total weight of the latter refutes it. The author conducts an empirical analysis of the existing well-known trademarks to confirm the validity of the scheme proposed.