answer to opposition: "marks are famous"

[infocus]

What does it mean that "[Because of] Opposer's regular, extensive, and well-publicized use of Opposer's Marks, Opposer's Marks are famous world wide and became famous before Applicant's application?

As I use my Mark locally in a County in the State of California, how can I write an Answer to this statement? Where would I research the term "Famous" and what does it mean in Trademark Law?

 

[divgradcurl]

I thought you mentioned that you had obtained (or had access to) a copy of McCarthy on Trademarks? McCarthy does discuss famous marks. That said, the "extra" protections that famous marks enjoy are typically reserved for very famous marks -- Coke, Ford, that sort of thing.

You really should consider talking with a trademark attorney, who can review all of the facts of your situation and advise you accordingly. If you aren't going to go that route, McCarthy's, along with the TTAB Manual of Procedure. Chapter 300 of the TBMP has information on pleadings, and what needs to be included in a pleading --- if you haven't read that, you need to. McCarthy can help you with substantive issues, but the TBMP will help with the mechanics of drafting the answer.

 

[infocus]

I googled Trademark Law and Famous and came up with some stuff. If we don 't know the Answer to this statement, we state: "Applicant is without knowledge or information sufficient to form a belief as to the truth of the averment. "
My research says the Trademark Board takes this statement as a denial. Then, I think Opposer would have to provide enough evidence to satisfy the Board that Opposer is famous. It is possible Opposer can do this, but in the final analysis, the Board will make the decision whether or not Opposer is famous.

Is this correct?