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April 29, 2011

Proof of Secondary Meaning of a Word Mark

Asia IP

In building a brand, businesses typically begin with a narrowly focused brand image, including specific trademark configurations. Over time, these trademarks tend to evolve, with new stylistic elements being introduced for marketing purposes. If the main elements of the trademark remain consistent, brand owners assume that the prior use of a slightly different mark will help to support registration of the modified versions of the mark. This may not hold true, however, when there is a need to overcome an obstacle such as a potential rejection for nondistinctiveness, which requires proof of the secondary meaning of the mark.

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