Legal Definitions - Secondary meaning

A secondary meaning is an extra meaning that a non-distinct trademark gets through its use in business. To get federal trademark protection, a non-distinctive mark must become linked with a single commercial source in the minds of customers. For example, the term "apple" is associated with the company that makes iPhones and computers.

Secondary meaning can be measured in different ways, such as through surveys of customers, sales volume, or the amount of advertising.

Another example of a trademark with secondary meaning is "Kleenex." Although it is just a brand of tissue, people often use the word "Kleenex" to refer to any brand of tissue. This shows that the term has become associated with a single commercial source in the minds of customers.

Overall, secondary meaning is important for businesses because it helps them protect their brand and reputation.