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Simple English definitions for legal terms
special meaning
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A quick definition of special meaning:
Special meaning refers to a sense that a trademark or tradename for a business, goods, or services has acquired over time, even though it was not originally protectable. This means that the name or mark has taken on a new, primary meaning in the market, beyond its original meaning. It is important in intellectual property law because it helps to establish the uniqueness and protectability of a brand. Essentially, it is the association that people make between a brand and its products or services.
A more thorough explanation:
Definition: Special meaning is a term used in intellectual property law to describe a sense that a trademark or tradename has acquired, even though it was not originally protectable. It refers to a later meaning that has been added to the original one borne by the mark or name and that has now become its usual and primary meaning in the market.
For example, the word "Apple" was originally just a fruit, but when it was used as a trademark for a technology company, it acquired a special meaning. Now, when people hear the word "Apple," they associate it with the company and its products, rather than just the fruit.
Another example is the word "Kleenex." Originally, it was just a brand of facial tissue, but it has become so well-known that people often use the word "Kleenex" to refer to any brand of facial tissue.
These examples illustrate how a trademark or tradename can acquire a special meaning that goes beyond its original definition. This special meaning can be valuable to a business because it helps to distinguish its products or services from those of its competitors.