Legal Definitions - Secondary meaning

In trademark law, secondary meaning refers to a situation where a word, phrase, or design that was originally descriptive or generic for a product or service, has, through extensive commercial use, come to be recognized by consumers as identifying a specific source of those goods or services, rather than just the product or service itself.

Essentially, a term that wasn't inherently unique or distinctive gains a "second" meaning in the minds of the public: it no longer just describes what something is, but also who it's from. This acquired association is crucial because it allows marks that would otherwise be too common or descriptive to receive legal protection as trademarks.

Establishing secondary meaning typically requires demonstrating that a significant portion of the consuming public associates the mark with a single company. This can be proven through various means, such as consumer surveys, evidence of extensive advertising and sales, and the length and exclusivity of the mark's use.

• The term "Windows" for computer operating systems: The word "windows" is a common English word referring to openings in a wall or building. It is inherently descriptive of a physical object. However, through decades of widespread use and massive advertising by Microsoft, the term "Windows" has acquired a powerful secondary meaning in the context of computer software. When most consumers hear "Windows" in relation to computers, they immediately think of Microsoft's operating system, not just a generic graphical user interface or a physical window. This strong association allows Microsoft to protect "Windows" as a trademark for its software, even though the word itself is common.

• The term "ChapStick" for lip balm: The word "chapstick" is highly descriptive of a product designed to prevent or heal chapped lips. It describes the function of the product. However, due to extensive and long-standing commercial use by the brand ChapStick, the term has become so strongly associated with that particular manufacturer's lip balm that many consumers use "ChapStick" generically to refer to any brand of lip balm. This widespread association demonstrates that the term has acquired a secondary meaning, identifying a specific brand rather than just the general product category. This allows the original manufacturer to protect "ChapStick" as a trademark for its specific product.