secondary meaning

secondary meaning. Intellectual property. 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. • The term does not refer to a subordinate or rare meaning, but rather 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.

— Also termed special meaning; trade meaning. [Cases: Trade Regulation 478. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 101–102, 118.]

“Secondary meaning is association, nothing more. It exists only in the minds of those of the public who have seen or known or have heard of a brand of goods by some name or sign and have associated the two in their minds.” Harry D. Nims, The Law of Unfair Competition and Trade-Marks 105 (1929).


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