Simple English definitions for legal terms
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Trade meaning refers to a special sense that a trademark or tradename for a business, goods, or services has acquired over time, even though it was not originally protectable. This means that the name or mark has become associated with a particular product or service in the minds of the public, and has now become its usual and primary meaning in the market. It is also known as secondary meaning or special meaning. Essentially, it is the association that people make between a brand and a product or service, and it only exists in the minds of those who have seen or heard of the brand.
Definition: Trade meaning is a special sense that a trademark or tradename for a business, goods, or services has acquired even though the trademark or tradename was not originally protectable. It refers to a later meaning that has been added to the original one borne by the mark or name and that has now become in the market its usual and primary meaning.
Example: The word "Apple" originally referred to a fruit, but when it became the trademark for a technology company, it acquired a trade meaning. Now, when people hear the word "Apple," they associate it with the company's products like iPhones and MacBooks.
Explanation: The example illustrates how a word can acquire a trade meaning. Even though "Apple" was originally a common word, it became associated with a specific company and its products. This association is what makes it a trade meaning. When people hear the word "Apple," they no longer think of the fruit, but instead, they think of the company and its products.