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LSDefine
Simple English definitions for legal terms
Secondary meaning
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A quick definition of Secondary meaning:
A secondary meaning is when a regular word or phrase becomes known as a specific brand or product. For example, when people hear the word "apple," they might think of the company that makes iPhones and computers. To get legal protection for this kind of trademark, the brand has to be associated with one company in people's minds. This can be measured in different ways, like how much people buy the product or how much it's advertised.
A more thorough explanation:
A secondary meaning is an extra meaning that a non-distinct trademark gets through its use in business. To get federal trademark protection, a non-distinctive mark must become linked with a single commercial source in the minds of customers. For example, the term "apple" is associated with the company that makes iPhones and computers.
Secondary meaning can be measured in different ways, such as through surveys of customers, sales volume, or the amount of advertising.
Another example of a trademark with secondary meaning is "Kleenex." Although it is just a brand of tissue, people often use the word "Kleenex" to refer to any brand of tissue. This shows that the term has become associated with a single commercial source in the minds of customers.
Overall, secondary meaning is important for businesses because it helps them protect their brand and reputation.