In trademark terms, what is acquiring secondary meaning?
A. when a mark that resembles a mark already registered with the federal PTO is used for a new product or service
B. when descriptive words are used that have no direct relevance to a product or service
C. when ordinary words establish new meaning due to their attachment to a product or service
D. when a distinctive mark or design is created for a new product or service
I'm thinking C or D.. Really need help on this one..
This information should clarify this term.
http://law.freeadvice.com/intellectual_property/trademark_law/secondary_meanings.htm
ok thanks
miss Sue is it D? I read the article
I think it is D
Why do you think it's D?
I read it like a million times and came up with B now
It's c
The answer is C.
In trademark terms, acquiring secondary meaning refers to option C: when ordinary words establish new meaning due to their attachment to a product or service. To explain further, secondary meaning is a legal concept that refers to the association between a particular word or phrase and a specific product or service, even if the word or phrase has a common or ordinary meaning.
In order to acquire secondary meaning, a word or phrase must go beyond its ordinary meaning and become uniquely associated with a particular company or its products/services in the minds of consumers. This association is typically developed over time through consistent, extensive use of the word or phrase in connection with the company's products or services. By doing so, the ordinary word gains a new meaning specific to that company or product/service, and can be protectable as a trademark.
For example, the word "Apple" has a common and ordinary meaning associated with the fruit. However, through extensive and consistent use in connection with its technology products, Apple Inc. has acquired secondary meaning for the word "Apple" as its distinctive trademark.
Therefore, option C is the correct answer as it accurately describes the concept of acquiring secondary meaning in trademark law.