---
title: "Secondary Meaning"
type: Legal Term
source: https://casebriefly.com/legal-terms/secondary-meaning
---

# Secondary Meaning

Secondary meaning, also called acquired distinctiveness, exists when a descriptive mark has been used so extensively and exclusively that the consuming public primarily associates the term with a particular source of goods or services rather than its ordinary descriptive meaning. Proving secondary meaning typically requires evidence of factors such as length and exclusivity of use, advertising expenditure, sales volume, consumer surveys, and unsolicited media coverage. Without secondary meaning, descriptive marks and trade dress cannot receive trademark protection because they do not yet function as source identifiers. The burden of proving secondary meaning falls on the party claiming trademark rights.

## Related Terms

- distinctiveness
- trademark
- trade-dress
- genericide

## Related Cases

- abercrombie-fitch-co-v-hunting-world

## Example

The term 'American Airlines' is descriptive of an airline based in America, but through decades of advertising, consistent use, and consumer recognition, it has acquired secondary meaning such that the public associates it with one specific carrier.

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Source: [Secondary Meaning — CaseBriefly](https://casebriefly.com/legal-terms/secondary-meaning)