Define: Secondary Meaning

Secondary meaning refers to the acquired distinctiveness of a trademark or trade dress that initially may not be inherently distinctive. It occurs when consumers associate the mark with a particular source or brand, rather than its ordinary meaning.

To establish secondary meaning, you must demonstrate that the mark has acquired distinctiveness through extensive use, advertising, and consumer recognition. This can be done by providing evidence such as sales figures, advertising expenditures, consumer surveys, and media coverage.

Yes, a descriptive mark can acquire secondary meaning if it has become distinctive in the minds of consumers through long-term use and promotion. However, acquiring secondary meaning for descriptive marks can be more challenging compared to inherently distinctive marks.

Courts consider various factors, including the length and exclusivity of use, the amount and manner of advertising, consumer surveys, direct consumer testimony, and any evidence of intentional copying by competitors.

Yes, secondary meaning can be lost if a mark is not consistently used or if it becomes generic. If a mark becomes the common name for a product or service, it loses its distinctiveness and cannot be protected as a trademark.

Yes, a foreign word or phrase can acquire secondary meaning in the United States if it becomes associated with a particular source or brand in the minds of American consumers.

No, secondary meaning is not required for inherently distinctive marks, such as arbitrary or fanciful marks. These marks are considered inherently distinctive and are automatically entitled to trademark protection without the need to establish secondary meaning.

Yes, a logo or design can acquire secondary meaning if it becomes associated with a particular source or brand in the minds of consumers. However, establishing secondary meaning for a logo or design may require additional evidence compared to word marks.

Yes, secondary meaning can be established for product packaging or trade dress if it has acquired distinctiveness through long-term use and consumer recognition. This can be demonstrated by showing that consumers associate the packaging or trade dress with a particular source or brand.

Once secondary meaning is established, you can protect your mark by registering it with the United States Patent and Trademark Office (USPTO). This provides you with legal rights and remedies against potential infringers, including the ability to enforce your trademark and seek damages for infringement.