SECONDARY MEANING
secondary meaning.Intellectual property. A special sense that a trademark or tradename for a
business, goods, or services has acquired even though the trademark or tradename was not
originally protectable. • The term does not refer to a subordinate or rare meaning, but rather to a
later meaning that has been added to the original one borne by the mark or name and that has now
become in the market its usual and primary meaning. — Also termed special meaning; trade
meaning. [Cases: Trade Regulation 478. C.J.S. Trade-Marks, Trade-Names, and Unfair
Competition §§ 101–102, 118.]
“Secondary meaning is association, nothing more. It exists only in the minds of those of the
public who have seen or known or have heard of a brand of goods by some name or sign and have
associated the two in their minds.” Harry D. Nims, The Law of Unfair Competition and
Trade-Marks 105 (1929). [Blacks Law 8th]