In trademark term, what is acquiring secondary meaning?
Acquiring secondary meaning, also known as acquired distinctiveness, is a concept in trademark law. It refers to a situation where a descriptive or generic term, which would not normally be eligible for trademark protection, is granted trademark protection because it has come to be associated with a particular product or service in the minds of consumers.
To understand acquiring secondary meaning, let's break it down into two parts:
1. Descriptive or generic terms: Traditionally, trademark protection is not granted to terms that merely describe the product or service, or those that are generic and commonly used by others in the industry. This is because descriptive or generic terms do not inherently distinguish the source of the product or service and should be available for all to use.
2. Secondary meaning: However, if a term initially considered descriptive or generic gains recognition among consumers as identifying a specific source of goods or services, it may acquire secondary meaning. This occurs when consumers associate the term with a specific brand, indicating that the term has acquired distinctiveness.
In order to establish secondary meaning, the trademark owner must demonstrate that consumers have come to associate the term with their specific product or service, rather than considering it a descriptive or generic term. This can be established through evidence such as sales figures, advertising expenditure, consumer surveys, and customer testimonials.
Once secondary meaning is established, the trademark owner may be granted exclusive rights to use the term in connection with their goods or services, even if the term would otherwise be considered generic or descriptive.
It's important to note that acquiring secondary meaning can be a complex legal process, and it may vary depending on the jurisdiction. Therefore, consulting with a trademark attorney or legal professional is recommended for more precise and accurate advice regarding this topic.