SECONDARY MEANING Meaning and
Definition
-
Secondary meaning refers to a concept in trademark law that pertains to a word, phrase, symbol, or design that has acquired a distinct and specific association with a particular source or brand in the minds of consumers, beyond its primary or literal meaning. Also known as acquired distinctiveness, secondary meaning arises when the public recognizes a mark as an indicator of the origin of goods or services.
In order to establish secondary meaning, a mark must have undergone extensive use, promotion, and advertising that have resulted in customers associating it exclusively with a specific business. The purpose of this legal doctrine is to protect businesses from others trying to benefit from the goodwill or reputation that a mark has acquired over time.
When a mark is deemed to have acquired secondary meaning, it can be registered as a trademark, granting its owner exclusive rights to use it in connection with specific goods or services. This protection extends beyond the mere words, phrases, symbols, or designs to the overall impression or "trade dress" associated with the mark.
To establish secondary meaning, evidence such as consumer surveys, media recognition, extensive sales, brand-name recognition, or any other indicators that can prove the public's association between the mark and the goods or services it represents may be required in legal proceedings.
Common Misspellings for SECONDARY MEANING
- aecondary meaning
- zecondary meaning
- xecondary meaning
- decondary meaning
- eecondary meaning
- wecondary meaning
- swcondary meaning
- sscondary meaning
- sdcondary meaning
- srcondary meaning
- s4condary meaning
- s3condary meaning
- sexondary meaning
- sevondary meaning
- sefondary meaning
- sedondary meaning
- secindary meaning
- seckndary meaning
- seclndary meaning
- secpndary meaning
Etymology of SECONDARY MEANING
The etymology of the word "secondary" can be traced back to the Latin word "secundarius", which means "next in order" or "following after". It is derived from the Latin word "secundus", meaning "second". The word "meaning" can be traced back to the Old English word "mænan" or "mænaning", which refers to a concept or sense conveyed by a word. So, the term "secondary meaning" can be understood as referring to a second or additional sense or interpretation of a word or phrase.
Infographic
Add the infographic to your website:
