A Guide To Secondary Meaning Surveys

Law360, New York (February 1, 2012, 12:11 PM EST) -- When people see the word “iPod,” the overwhelming majority of them associate this word with one company. What about more descriptive words like “Vision Center” or “First Bank”? Are these names immediately associated with one particular company? The answer is less certain, but vital for anyone seeking to preclude others from using these descriptive words.

The most effective method for accomplishing this goal is through trademark protection, which will likely require the establishment of secondary meaning. Secondary meaning occurs when consumers associate these words with a...
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