Legal Definitions - trade meaning

The term trade meaning refers to a situation where a word, phrase, or symbol, which might originally have a common, descriptive, or geographical meaning, has, through extensive use in commerce, come to be uniquely associated by the public with a specific company, product, or service. In essence, it has acquired a secondary meaning in the marketplace, distinct from its literal or primary meaning, and now serves to identify the source of particular goods or services.

This concept is crucial in trademark law, as it allows terms that might otherwise be considered too descriptive or generic to be protected as trademarks, provided they have developed this strong, source-identifying association in the minds of consumers.

• Example 1: "Windows" for Computer Operating Systems

  The word "windows" literally refers to openings in a wall or vehicle that allow light and air to pass through. However, through decades of marketing and consumer use, the term "Windows" has acquired a strong trade meaning, almost exclusively referring to Microsoft's line of computer operating systems. When an educated adult hears "Windows" in a technology context, they immediately associate it with Microsoft's software, not with glass panes in a building. This demonstrates how a common, descriptive word can gain a specific trade meaning that identifies a particular product source.

• Example 2: "BlackBerry" for Smartphones

  A "blackberry" is naturally a type of edible fruit. Yet, for many years, the term "BlackBerry" developed a distinct trade meaning, becoming synonymous with a specific brand of smartphones known for their physical keyboards and secure communication features. Consumers associated "BlackBerry" not with the fruit, but with the mobile devices manufactured by Research In Motion (later BlackBerry Limited). This illustrates how a common noun for a natural item can acquire a secondary meaning that points to a particular commercial product.

• Example 3: "Starbucks" for Coffee Shops

  The name "Starbuck" is a character from Herman Melville's novel Moby Dick. While it's a proper noun, it doesn't inherently suggest coffee or a coffee shop. However, through extensive branding, advertising, and the widespread operation of its cafes, the name "Starbucks" has developed a powerful trade meaning. Today, when people hear "Starbucks," they immediately think of the global chain of coffeehouses and its associated products and services, not the literary character. This shows how a name, even one with an existing primary meaning, can acquire a new, strong trade meaning identifying a specific business.