15.11 Infringement-Elements-Validity-Distinctiveness-Secondary Meaning
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FAQ
A secondary meaning is an additional meaning acquired by a non-distinct trademark through its commercial use.
A secondary meaning is an additional meaning acquired by a non-distinct trademark through its commercial use. To acquire federal trademark protection, a non-distinctive mark must become associated with a single commercial source in the minds of consumers.
If a proposed trademark or service mark is not inherently distinctive, it may be registered on the Principal Register only upon proof of acquired distinctiveness, or "secondary meaning," that is, proof that it has become distinctive as applied to the applicant's goods or services in commerce.
?Acquired distinctiveness? is also known as ?secondary meaning,? implying that the mark has gained a significance among the consuming public that is different than the dictionary meaning of the mark.
A secondary meaning trademark results when consumers have started to identify a trademark with a particular product over time. A descriptive mark that a business might not have been able to register initially can now achieve a trademark status because of this association.
The plaintiff can prove secondary meaning using both circumstantial and direct evidence. Direct evidence may include consumer testimony in addition to consumer surveys. Circumstantial evidence is any evidence that relates to the: Advertising expenses; Number of customers and amount of sales; or.
If a proposed trademark or service mark is not inherently distinctive, it may be registered on the Principal Register only upon proof of acquired distinctiveness, or "secondary meaning," that is, proof that it has become distinctive as applied to the applicant's goods or services in commerce.
Secondary meaning in trademark law (For example, ?I'm lovin' it? for McDonald's, Philips for electronic goods, NESCAFE? for coffee.) The mark must have been identifiable as a brand for specific services and/or goods from just one source to be considered a trademark that has gained secondary meaning.