It is important to understand the concept of the Spectrum of Distinctiveness to understand the concept of secondary meaning. The Spectrum of Distinctiveness describe the strength of the trademarks. They can be categorized on the Spectrum of Distinctiveness as following 

a. Fanciful trademarks consist of made up terms that have no relation to the goods being described;

b. Arbitrary trademarks consist of existing terms that contribute no meaning to the goods being described;

c. Suggestive trademarks consist of terms that suggest meaning or relation but that do not describe the goods themselves;

d. Descriptive trademarks consist of terms that describe either the goods or a characteristic of the goods. Often it is very difficult to enforce trademark rights for descriptive trademarks unless the trademark has acquired a secondary meaning;

e. Generic Terms consist of terms that are the accepted and recognized description of a class of goods or services. Generic terms cannot be protected;

A descriptive trademark may be protected only where the descriptive trademark has acquired secondary meaning and when the word taken as a trademark already has a meaning in its language. However, a generic trademark, would be unregistrable when the meaning has to do with the product or service itself.

The Brazilian Courts see secondary meaning as a semantic process in which the characteristic feature of certain trademark acquires a meaning not previously settled by the society. And, unlike some countries, in Brazil it is up to the judiciary to analyze and decide on the recognition of a sign with secondary meaning.

Basically, when a weak trademark is recognized with a meaning beyond the direct and original meaning (a second meaning – secondary meaning), it can become a strong trademark. This occurs with the continuous and massive use of a certain expression by a certain producer or service provider.

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Lawyer Author of the Comment: Laís Iamauchi de Araujo
Source 1 , Source 2

Headline: Secondary Meaning

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”