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Letter S
intellectual property

Secondary Meaning

Acquired distinctiveness in the minds of the consuming public associating a descriptive mark with a particular source, required for protection of non-inherently-distinctive marks.

Encyclopedia entry: Secondary Meaning

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secondary meaning

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 (see e.g., the term “apple"). Secondary meaning can be measured in a variety of ways—from consumer surveys to sales volume to quantity of advertising, among others. 

[Last reviewed in August of 2021 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.