What is secondary meaning?

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Secondary Meanings Trademark Law Intellectual Property

What is secondary meaning?

Secondary meaning arises when consumers have come to identify a trademark with you over time. In that case a descriptive mark that you would not have been able to register initially may achieve trademark status and be subject to registration, at some time in the future, after sufficient use has been made to prove secondary meaning.

A trademark attroney can assist you to gather the evidence that may be necessary to prove sufficient to meet the threshold required to establish secondary meaning. That may consist of advertising and sales volume, or consumer surveys. For example, KOOL menthol cigarettes, BUFFERIN for buffered aspirin and CHAP STICK for a lip balm were all descriptive, but ultimately achieved registration.

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