Acquired distinctiveness - Remedy for a Descriptiveness Rejection

Acquired distinctiveness - Remedy for a Descriptiveness Rejection

In the realm of trademark law, the concept of acquired distinctiveness (also known as secondary meaning) stands as a pivotal doctrine that enables descriptive trademarks, which are ordinarily not registrable on the Principal Register, to achieve registration and legal protection. This principle recognizes that through extensive use, advertising, and consumer recognition, a descriptive mark can transcend its generic qualities to denote a specific source of goods or services in the minds of the consuming public.