What happens to a descriptive mark that achieves secondary meaning?

A descriptive mark that achieves secondary meaning qualifies for trademark protection because it has acquired distinctiveness in the eyes of the public. While descriptive marks initially describe the qualities or characteristics of a product or service and therefore face challenges in being registered as trademarks, they can gain legal protection if consumers come to identify the mark with a specific source of goods or services.

This transformation from a descriptive term to a protected trademark occurs because the mark has developed a unique association in the minds of the consumers, showcasing that it identifies just one source rather than merely describing the goods or services themselves. Achieving secondary meaning effectively allows the mark to transcend its descriptive origins, leading to eligibility for trademark protection, which includes legal rights against unauthorized use by others.

In contrast, marks that do not achieve secondary meaning remain descriptive and often lack the necessary distinctiveness to qualify for trademark registration, as they do not indicate a single source for the products or services.