What is the meaning of the term ‘acquired distinctiveness’?


Acquired distinctiveness, also referred to as secondary meaning or acquired distinctiveness, denotes the procedure whereby a descriptive or generic term that would typically not qualify for trademark protection obtains distinctiveness and transforms into a viable trademark. This transpires when the term establishes a firm connection with a particular source or origin in the minds of consumers through extensive and exclusive usage, marketing endeavors, consumer perception, and evidence of the mark’s recognition in the pertinent marketplace.


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