In trademark law, what does secondary meaning refer to?

In trademark law, secondary meaning refers to a situation where a descriptive mark, which initially does not qualify for protection because it merely describes a product or service, gains distinctiveness through use in the marketplace. Over time, consumers begin to associate this mark not just with the general product or service but specifically with the source of that product or service because of its extensive use and promotion.

This concept is crucial in trademark registrations, particularly for terms that might otherwise be considered generic or descriptive. For example, if a company uses a descriptive term and, through marketing and consumer recognition, that term becomes a recognized identifier of that company’s goods or services, it has acquired secondary meaning. At this point, the term can receive protection under trademark law because it signifies the source rather than just describing the product.

In contrast, a mark that is inherently distinctive does not require secondary meaning to qualify for trademark protection as it is already capable of identifying the source of a product or service directly (like fanciful or arbitrary marks). Therefore, secondary meaning specifically addresses descriptive marks that have transformed into indicators of brand identity through consumer association.