Acquired Distinctiveness

Acquired distinctiveness, also known as secondary meaning, is a concept in trademark law that refers to a situation where a descriptive or generic term has become distinctive and has acquired a secondary meaning in the minds of consumers, through long and continuous use in connection with a particular product or service.

In order to acquire distinctiveness, a trademark owner must show that the mark has become well-known and associated with their goods or services. This can be demonstrated through evidence such as sales figures, advertising expenditures, consumer surveys, and media coverage.

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