For example, Fu Yanjie was originally a trademark name, but in the end it became a product name

In theory, there are two different situations for the distinctiveness of a trademark: one is inherent Distinctiveness, that is, the mark itself can play a role in identifying the source of the goods, does not fall into the three situations stipulated in Article 11, paragraph 1, of the Trademark Law; the second is acquired distinctiveness, which refers to the distinctive features acquired through use, which people are accustomed to It is called "second meaning" above.

The so-called "second meaning" does not mean that it has a new or second "meaning" as its literal expression expresses, but it means that it does not initially have distinctive features and cannot A sign that identifies the source of goods, after being used by a specific producer, establishes a connection with the specific producer in the mind of the buyer or consumer, and becomes a sign of the source of the goods provided by the producer, which can identify the goods. The source has distinctive characteristics.

The "secondary meaning" is not a second meaning besides the "first meaning", nor is it a secondary meaning or other meaning besides the "primary meaning" of a certain sign. Nowadays, people often refer to the "other meanings" in the "place name has other meanings" stipulated in Article 10, Paragraph 2 of the Trademark Law as "second meaning", which is actually very inaccurate. You can read the author's article on how to determine whether a place name trademark has a secondary meaning to understand. The "other meanings" and "second meanings" in this paragraph have different legal meanings and should not be confused.

According to the famous American trademark law expert McCarthy, the reason why the "second meaning" is called the "second" meaning is because it was produced in the second place. , not because it is secondary in importance or meaning in the minds of consumers. That is, a sign with a "secondary meaning" is initially only a descriptive sign, which is a "secondary meaning." "First meaning", later through use, is associated with a specific producer and becomes a symbol of the source of goods. This is the "second meaning". It can be seen that the "second meaning" of "?" The words "?Second" and "?meaning" are extremely inaccurate expressions of meaning, and they need to be understood and used with special care.

In trademark law, not all trademarks are used. All of them need to have a secondary meaning. Only the three types of signs that lack distinctive features as stipulated in Article 11, Paragraph 1 of the Trademark Law need to have a secondary meaning. Specifically, according to the provisions of Article 11 of the Trademark Law of our country, a common name. , descriptive marks and other marks that lack distinctive features cannot be registered as trademarks before they have a secondary meaning; if these marks have a secondary meaning, they can be registered as trademarks. This means that when judging a certain trademark. When determining whether a mark has a secondary meaning, the correct approach should be to first determine whether the mark falls within the three situations stipulated in Article 11, Paragraph 1 of the Trademark Law. Only after a positive conclusion is reached, further discussion of the secondary meaning is required. Question of meaning. For marks that are inherently distinctive, it is unnecessary to discuss the secondary meaning.

The secondary meaning of a trademark is a matter of fact and the applicant usually needs to prove it. It needs to be proved in the following two aspects:

First, the mark has been used by the applicant as a trademark. As for the method, time and scope of use, there is currently no fixed standard, which is mainly determined by the examiner or the applicant. The judge made the judgment based on the spirit of the trademark law and the specific circumstances of the case.

Secondly, the mark has been closely connected with the applicant and has become a symbol or symbol of the goods provided by the applicant. The core value is "connection": consumers have regarded the mark as a source mark for the goods provided by the applicant, rather than a common name or descriptive mark for all identical or similar goods. This of course also needs to be established. The applicant proves it through evidence.

In summary, if the applicant can prove that the applied trademark has been put into use as a trademark and has established a specific connection in the minds of consumers through use, the applicant can apply for a trademark. It has a second meaning.