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What is acquired distinctiveness or secondary meaning?
Acquired distinctiveness and secondary meaning are different terms for the same thing. To be treated as a trademark a mark must have a certain quantum of distinctiveness. That distinctiveness can be inherent in the mark, i.e. inherent distinctiveness, or be developed in the minds of the consumers, i.e. acquired distinctiveness. Acquired distinctiveness may be thought of as consumer recognition of the trademark as an identifier of source, sponsorship, affiliation or other business relationship.
Updated: 11/12/99
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