What is secondary meaning in trademark law?

Secondary meaning in trademark law arises when consumers have come to identify a trademark with a specific product over time. When this happens, a descriptive mark that a business would not have been able to register initially may achieve trademark status. To learn more about trademark law and secondary meaning, click here.

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What is the scope of protection for a trademark?

For specific goods like perfume, soap, or automobiles, the scope of protection for a trademark should be narrowly applied to the marketing area of the product. However, with licensors licensing famous trademarks for a plethora of products, that narrow scope of protection has expanded broadly in recent years. Are a perfume trademark and an automobile trademark likely to cause confusion if similar names are used? As an example of this kind of potential trademark confusion, Harley Davidson Motorcycle Company is licensing its name for a perfume.

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