The 'Lectric Law Library's Lexicon On
* Secondary Meaning (Patent) *

 

SECONDARY MEANING (PATENT) - A symbol/term that is not inherently distinctive is entitled to legal protection only if the symbol/term acquires a secondary meaning that distinguishes the goods/services it represents from the goods/services of another

manufacturer/merchant/service provider.

A symbol/term acquires a secondary meaning when it has been used in such a way that its primary significance in the minds of the prospective purchasers is not the product/service itself, but the identification of the product/service with a single source.


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