Secondary Meaning

Definition

Secondary meaning refers to a situation where a term or symbol that initially lacks distinctiveness becomes recognized by the public as representing a specific source of goods or services due to its extensive use. This shift allows the mark to receive trademark protection, even if it was originally descriptive or generic. The transformation from a general term to one that identifies a particular brand underscores the importance of brand identity and consumer perception in trademark law.

5 Must Know Facts For Your Next Test

1. Secondary meaning can be established through extensive use of the mark in commerce, consumer surveys, and evidence of advertising that promotes the brand identity.
2. Once secondary meaning is established, a previously non-distinctive mark can enjoy the same protections as inherently distinctive trademarks.
3. The determination of secondary meaning is subjective and can vary based on factors such as length of use, volume of sales, and advertising expenditures.
4. Brands that successfully establish secondary meaning can prevent competitors from using similar marks that may confuse consumers.
5. Famous examples include 'Aspirin' and 'Thermos,' which were once generic terms but gained secondary meaning due to their association with specific manufacturers.

Review Questions

• How does secondary meaning impact the trademark registration process for initially non-distinctive terms?
  • Secondary meaning plays a crucial role in allowing initially non-distinctive terms to be registered as trademarks. When a term is deemed descriptive or generic at first, it can still gain protection if it can be shown that consumers have come to associate it specifically with a brand due to extensive use. This transformation allows businesses to safeguard their brands and prevents other companies from misleading consumers by using similar terms.
• What are some factors that courts consider when determining whether secondary meaning has been established for a mark?
  • Courts assess several factors when determining if secondary meaning exists, including the length and nature of the use of the mark, consumer surveys demonstrating recognition, advertising expenditures related to promoting the mark, and any evidence of sales success. These elements help illustrate how deeply ingrained the mark is in consumer perception as identifying a particular source rather than merely describing a product.
• Evaluate the implications of secondary meaning for brand strategy and competitive advantage in a marketplace.
  • Establishing secondary meaning can significantly enhance a brand's strategy and competitive advantage by creating strong associations in consumers' minds between specific terms and their products. This recognition not only helps in safeguarding intellectual property but also strengthens brand loyalty and market position. Brands that successfully cultivate secondary meaning can effectively fend off competitors who might attempt to capitalize on their established reputation, thus reinforcing their unique market identity and allowing for greater pricing power.

Related terms

Trademark: A trademark is a recognizable sign, design, or expression that identifies products or services of a particular source, distinguishing them from others in the market.

Generic Terms: Generic terms are common names for products or services and cannot be trademarked because they do not indicate the source of goods.

Descriptive Marks: Descriptive marks describe the characteristics or qualities of a product or service and may achieve secondary meaning to qualify for trademark protection.