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A Marketing Perspective on Circuit Court Factors
from Part III - Methodological Advances
Published online by Cambridge University Press: 29 June 2023
A brand element establishes secondary meaning when it becomes synonymous with the brand and serves as a source identifier for consumers. In legal parlance, secondary meaning has been defined as occurring when “in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself.”1
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