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99 Sentences With "secondary meaning"

How to use secondary meaning in a sentence? Find typical usage patterns (collocations)/phrases/context for "secondary meaning" and check conjugation/comparative form for "secondary meaning". Mastering all the usages of "secondary meaning" from sentence examples published by news publications.

A doctor will help you determine whether you have primary Raynaud's (the most common type), or secondary, meaning it's brought on by another condition.
"I started to think of this secondary meaning of the word — a seal not as a stamp but as a guarantee or a promise," she says.
"Your medical insurance may not cover you in another country, or it could be secondary (meaning you pay upfront and then submit your expenses for reimbursement)," he said.
Circuit Judge Pauline Newman said the name had acquired a "secondary meaning" and "distinctiveness" through sales of Schlafly-branded beer, and that surnames could be trademarked when that occurred.
" The phrase "dog whistle" has also been given a new political definition: "an expression or statement that has a secondary meaning intended to be understood only by a particular group of people.
"If the word or phrase is not a distinct one (like 'Swiftmas'), the would-be owner must be able to show the phrase has taken on a secondary meaning related to the brand," Fortune said at the time.
" He added, "Therefore, the Museum's exclusive use of its mark for a significant length of time, its advertising in numerous publications, its unsolicited press coverage, and MOMACHA's attempt to copy the Museum's mark all support the finding that the mark has acquired secondary meaning in the public mind.
Plenty of symbols, like eagles and lighting bolts, have gained secondary, nefarious meanings due to Nazi associations—but "Ultima Thule" was selected despite the secondary meaning still used today by neo-Nazis and members of the alt-right, and at a time where Nazism is on the rise in the United States.
Fleet Foxes' Third of May/Ōdaigahara invokes the painting's imagery as a secondary meaning.
Originally alcohol purchases on board the ferry had the additional attraction of being duty-free, adding a secondary meaning to booze cruise.
To talk of subtilization thus is to highlight its secondary meaning in its original French, i.e. signifying theft or a spiriting away.
The word "dumb" had meant "speechless" for centuries in English, before it gained the sense of "stupid" as a secondary meaning in the 19th century, but since "stupid" has now become the primary meaning, even though the term is still widely understood in the secondary meaning in the particular expression, the term is now unsuitable to refer to Deaf people.
It can be difficult to obtain protection for trade dress, as applicants must prove that the design has secondary meaning to consumers and is then further limited by the functionality doctrine.
Although the Coachella name has been in use by a town in the Coachella Valley since before the festival was founded, the festival's success has imbued the name with "secondary meaning", allowing Goldenvoice to trademark it.
The Abercrombie court determined that descriptive words can get trademark protection if they develop a secondary meaning. The protection only exists for source-designating uses of the word, not descriptive or generic uses of the word.
PEI established that a strong secondary meaning for its descriptive marks existed, and that a genuine issue of material fact exists as to whether it created the secondary meanings. Thus, the first Sleekcraft factor favored PEI.
Descriptive marks describe some quality of the goods or services they are used with. Descriptive marks may become distinctive (acquire "secondary meaning") through 5 years of use in commerce, or through evidence of heavy advertising and market recognition. > Secondary meaning is acquired when in the minds of the public, the primary > significance of a product feature... is to identify the source of the > product rather than the product itself. Note that "generic" terms are ineligible for trademark protection altogether, and may not be registered on either the Primary or Supplemental Registers.
Eventually, McDonald's prevailed. The court's opinion noted that the prefix "Mc" added to a generic word has acquired secondary meaning, so that in the eyes of the public it means McDonald's, and therefore the name "McSleep" would infringe on McDonald's trademarks.
The terms consist of the Chinese words 經 "to go through (like the thread in a loom)", with sutra as a secondary meaning, and 行 "walk". Taken literally, the phrase means "to walk straight back and forth." The opposite in Japanese to kinhin is zazen, "sitting meditation".
Binnie held that the word "Barbie", while an everyday expression commonly used as the short-form of the name "Barbara", had acquired a strong secondary meaning associated with Mattel's Barbie dolls, and was therefore considerably distinct.Mattel, Inc. v 3894207 Canada Inc., 2006 SCC 22 at para 75.
Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995), was a United States Supreme Court case in which the Court held that a color could meet the legal requirements for trademark registration under the Lanham Act, provided that it has acquired secondary meaning in the market.
Although the law is evolving, as it stands now, product packaging (including packaging in very general terms, such as a building's décor) may be inherently distinctive. However, product design, that is the design or shape of the product itself, may not be inherently distinctive, and must acquire secondary meaning.
To gain registration in the Principal Register or common law protection under the Lanham Act, a trade dress must be “distinctive.” This means that consumers perceive a particular trade dress as identifying a source of a product. Claimed trade dress in the product design—as opposed to product packaging—context can no longer be "inherently distinctive"; it must acquire distinctiveness through "secondary meaning". Distinctiveness through secondary meaning means that although a trade dress is not distinctive on its face, the use of the trade dress in the market (the “good will” of the trade dress) has created an association between that trade dress and a source in the mind of the consumer.
The sender design was improved throughout the 20th Century and was used extensively in the No. 1 and No. 5 Crossbar switching systems. Common-channel signaling replaced senders after the advent of stored program control. A secondary meaning within the UK broadcast engineering community is as a synonym for broadcast transmitter.
One source offers an alternative portrayal of strigils, "a secondary meaning for the word stlengis, strigil, is wreath or tiara." To support the claim that a strigil may have been viewed as a tiara or wreath, there was a fifth-century grave that had a strigil across the forehead of a corpse.
Descriptive terms immediately describe the goods, or some important characteristic of the goods. Trademark law does not protect descriptive terms unless achieve "secondary meaning" in the minds of consumers. That is, trademark rights accrue when the public comes to associate the descriptive term with a particular company rather than the product in general.
0000 (Eur. Ct. Just. 20 September 2001) is a case before the European Court of Justice about the registration of 'BABY-DRY' as a trademark for baby diapers. OHIM refused the registration of the brand as a community mark saying that 'BABY-DRY' wasn't distinctive, but instead that it was descriptive without a secondary meaning.
Crachach in Welsh means 'petty gentry; conceited upstarts, snobs'. It is most common in the dialects of south Wales. Crachach is derived from crach, which has the basic meaning of 'scabs (on the skin)' and a secondary meaning of 'snobs'.Geiriadur Prifysgol Cymru The term has only taken hold as a wider conspiracy theory in recent decades as documented by Richard Wyn Jones.
'Fuga' and 'Fugue' may also carry a secondary meaning, referring to the 'music' of the giant heather described in the book. The French edition helped inspire Roland Truffaut's August 1952 expedition to Mt Kenya, described in From Kenya to Kilimanjaro (London, 1957), during which the home-made crampons and other equipment of Benuzzi and Balletto were retrieved from Hausberg Col.
Before the acronym was used to describe the entire flood protection system, MOSE referred to the 1:1 scale prototype of a gate that had been tested between 1988 and 1992 at the Lido inlet. The name also holds a secondary meaning: "MOSE" alludes to the biblical character Moses ("Mosè" in Italian), who is remembered for parting the Red Sea.
In Methodism, holiness has acquired the secondary meaning of the reshaping of a person through Entire Sanctification. It is understood as the purity of heart that occurs in a second definite instantaneous work. The term owes its origin to John Wesley, who stressed "scriptural holiness," as well as Christian perfection. John Wesley stated in The Plain Account of Christian Perfection that:Wesley, John. 1872.
As the ancient Celts also believed in the transmigration of the soul, there is in some cases a secondary meaning of the eternal soul that survives death to be reborn in a new form.Andrews, W.(ed.)(1897) 'Antiquities and Curiosities of the Church, William Andrews & Co., London 1897; pp. 256-278: 'Amongst the ancients the yew, like the cypress, was regarded as the emblem of death.
A descriptive mark is a term with a dictionary meaning which is used in connection with products or services directly related to that meaning. An example might be Salty used in connection with saltine crackers or anchovies. Such terms are not registrable unless it attains a 'secondary meaning', such that the mark is so distinctive that people associated it with specific brand name in the marketplace.
He suggested that it may refer to some sort of deformity to the man's nose; another suggestion forwarded to him was that it may refer to a cleft palate. Later, A.P. MacLeod noted that the Gaelic snatha—which has a secondary meaning of "grief", and "trouble"Dwelly 1902: p. 864.—may be a nominative form of the genitive snaithe, and thus may equate to Ölvir's byname.
Barack, also spelled Barak or Baraq, is a given name of Arabic origin. From the Semitic root B-R-K, it means "blessed" and is most commonly used in its feminine form Baraka(h). The Semitic root B-R-K has the original meaning of "to kneel down", with a secondary meaning "to bless". In Islamic mysticism, Barakah () is a concept of spiritual presence or revelation.
Frank Reddaway Ltd. v. George Banham, [1896] A.C. 199 is a famous decision of the House of Lords on the tort of passing off. The Court held that purely descriptive product names such as "camel hair belting" can acquire secondary meaning, and consequently, is protected from passing off. Frank Reddaway made machine belting which he sold under the name "Camel Hair Belting" for many years.
The dots above the i are a diaeresis (see also Ï). As an unitalicized English word, "naive" is now the more usual spelling,Oxford English Dictionary, "naïve" and "naïf" and quotes. although "naïve" is also used; "naïf" often represents the French masculine, but has a secondary meaning as an artistic style. “Naïve” is pronounced as two syllables, with the stress on the second one, in the French manner.
Skink is a Scots word for a shin, knuckle, or hough of beef, which has developed the secondary meaning of a soup, especially one made from these. The word skink is ultimately derived from the Middle Dutch schenke "shin, hough"Robinson, M. (ed) The Concise Scots Dictionary, Aberdeen University Press 1985 (cognate with the English word shank and German Schenkel, 'thigh',Oxford Dictionary: Shank and Schinken, 'ham'Wiktionary: Schinken).
"Maidenhead" derives from the Anglo Saxon word "Maidenhythe," meaning "new wharf", though it acquired a secondary meaning as a term for virginity.Pictorial History of Lawrence Township 1697-1997, published by Lawrence Township, 1997 The Rev. Issac V. Brown, the first full-time pastor of the Presbyterian Church of Lawrenceville and the founder of the Academy of Maidenhead (now the Lawrenceville School), led a movement to petition the Legislature to change the town's name.
The name comes from the Scottish Gaelic '. Although the primary meaning of ' is "black", the secondary meaning of "hidden" is at the root of ', based on the stories and theories surrounding the knife's origin, in particular those associated with the Highland custom of depositing weapons at the entrance to a house prior to entering as a guest. Compare also other Gaelic word-formations such as ' "underwater skerry" (lit. black skerry), ' "riddle" (lit.
The benefits of federal trademark registration only accrue to marks listed on the "Primary Register". To be eligible for the Principal Register, a mark must be recognized as a trademark, and not just a description of some goods or services. Eligible marks include (a) arbitrary or fanciful marks, (b) "suggestive" marks, and (c) descriptive marks that have achieved "secondary meaning" or "distinctiveness." The Supplemental Register is for "descriptive" marks that have not yet become distinctive.
Maya rulers were members of royal lineage groups and the kan element of the king's name was inherited from the royal tzʼakab while the Ekʼ' element was derived from the royal chʼibal ʼ. Due to this, all the Itza kings of Petén bore the name Kan Ekʼ.Sharer and Traxler 2006, p.693. Among the Itza, kan ekʼ meant "serpent star"; it may also have had a secondary meaning of "sky star" (kaʼan ekʼ ).
Additionally, some stations may just transmit audio in the background while a public-access television cable TV channel is operating in between periods of video programming. From the late 1970s to the late 1980s, before the advent of MTS Stereo television broadcasts, cable TV subscribers would tune in specific cable FM frequencies that simulcast the television broadcasts in stereo. A related secondary meaning of the term is any automated music stream - the usual format of cable- only "stations".
The historical record shows two levels of organisation in medieval masonry, the lodge and the "guild". The original use of the word lodge indicates a workshop erected on the site of a major work, the first mention being Vale Royal Abbey in 1278. Later, it gained the secondary meaning of the community of masons in a particular place. The earliest surviving records of these are the laws and ordinances of the lodge at York Minster in 1352.
Lyube's follow-up to their sophomore effort took two years to complete. The new album was titled "Lyube Zone" (), which was a play on words as the term "zone" has a secondary meaning that refers to a camp for convicts. Some songs on the new album featured Russian folk instruments, including the balalaika, the domra, and the bayan. A number of songs were recorded using teams of back-up vocalists led by Anatoliy Kuleshov, who joined the group in 1994.
For example, being courteous is good ʾadab. However, the term can be used very broadly, and the proper translation would be "the proper way to go about something," as in the example, ʾĀdāb al Qitāl, or, "The Proper Ways of Fighting in War," (Qitāl in Arabic means mortal combat) in which the word "etiquette" does not befit the context. A secondary meaning of ʾAdab is "literature". ; ʾAdhān (أذان) : call to salat (prayer), sometimes alternatively spelled and pronounced Azaan, Athaan and Adhan.
Ct. Just. 20 September 2001) is a good counterpoint to Windsurfing Chiemsee. There, the ECJ allowed the mark to be registered based on a “synctactical change,” thus perhaps lowering the standard for trademark subject matter in the sense that there was no secondary meaning (consumer perception) requirement. Because “Baby Dry” was a “synctactically unusual juxtaposition” that was uncommon in the English language, the mark was distinctive, and therefore registrable despite the charge of descriptiveness contained in the initial rejection of the application.
One way to establish that a mark acts as a distinctive source identifier is to establish that the relevant purchasing public has developed a strong association between the mark and its originating source. In legal terms, this is known as "secondary meaning." If the trademark holder can show that its creation acts as a distinctive source identifier, s/he still must prove a likelihood of confusion to prevail in a trademark infringement claim. Different courts consider similar but not identical factors when deciding likelihood of confusion.
The translation team behind the New Jerusalem Bible (N.J.B.) however, maintains that the meaning is uncertain, and that translating "El Shaddai" as "Almighty God" is inaccurate. The N.J.B. leaves it untranslated as "Shaddai", and makes footnote suggestions that it should perhaps be understood as "God of the Mountain" from the Akkadian "shadu", or "God of the open wastes" from the Hebrew "sadeh" and the secondary meaning of the Akkadian word. The translation in the Concordant Old Testament is 'El Who-Suffices' (Genesis 17:1).
Live television is a television production broadcast in real-time, as events happen, in the present. In a secondary meaning, it may refer to streaming television over the internet. In most cases live programming is not being recorded as it is shown on TV, but rather was not rehearsed or edited and is being shown only as it was recorded prior to being aired. Shows broadcast live include newscasts, morning shows, awards shows, sports programs, reality programs and, occasionally, episodes of scripted television series.
Kusazoshi (literally grass books) was the family of children's books to which akahon belonged. There are several explanations for why they are named "grass books." One theory involves the etymology of the Chinese character for grass which has a secondary meaning of crude, or coarse which describes many adults' opinion of the kusazoshi at the time as a crass medium that adversely affects the juvenile audience. Another theory is that kusazoshi relates to the "grass style" of calligraphy with which the tales are inscribed.
In the English legal system, any owner of a genuine heirloom could dispose of it during his lifetime, but he could not bequeath it by will away from the estate. If the owner died intestate, it went to his heir-at-law, and if he devised the estate it went to the devisee. The word subsequently acquired a secondary meaning, applied to furniture, pictures, etc., vested in trustees to hold on trust for the person for the time being entitled to the possession of a settled house.
The s-process is secondary, meaning that it requires pre-existing heavy isotopes as seed nuclei to be converted into other heavy nuclei by a slow sequence of captures of free neutrons. The r-process scenarios create their own seed nuclei, so they might proceed in massive stars that contain no heavy seed nuclei. Taken together, the r- and s-processes account for almost the entire abundance of chemical elements heavier than iron. The historical challenge has been to locate physical settings appropriate for their time scales.
The ASA accepted that people would see the word pussy as a slang term for vagina. The ASA suggested that Pussy Drinks Ltd were aware of the double meaning and played upon it in the first poster, referring to secondary meaning which was not "pure" and was a "problem". As such the poster was deemed sexually explicit and offensive. The ASA also ruled that older children would be aware of the double meaning, the poster was unsuitable to be placed where children might see it.
Given that the mythological and allegorical elements of the story defy place and time, the historicity of figures in the cycle is indeterminate. Though the epic was sung all over Tibetan-speaking regions, with Kham and Amdo long regarded as the centres for its diffusion, traditions do connect Gesar with the former Kingdom of Ling (). In Tibetan, gling means "island" but can have, as with the Sanskrit word dvīpa, the secondary meaning of "continent". Ling was a petty kingdom located in Kham between the Yangtze and Yalong River.
A brief history of computer hacking in South Africa. Note: A distinction needs to be made between a "white hat" hacker who hacks out of intellectual curiosity, and a "black hat" hacker who has ulterior motives. In recent times there has been an attempt to restore the meaning of the term hacker, which is still associated with creating code, and its secondary meaning, which has become the stuff of Hollywood legend. The term "cracker" is a better description for those who break into secured system by exploiting computer vulnerabilities.
The term militant () has a primary meaning of "being a soldier, performing military service", but it acquired a secondary meaning of "serving, performing service, laboring", with its root ' coming to mean "soldier of Christ or God" in Medieval Latin usage. The members of the Church Militant, i.e. those Christians on earth, are engaged in spiritual warfare against sin Failing that directly, those who believe in the existence of Purgatory hope to die in a state of grace and join the Church Penitent, to purify themselves of their imperfections and, ultimately, join the Church Triumphant.
Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points. "Descriptive" marks must acquire distinctiveness through secondary meaning—consumers have come to recognize the mark as a source indicator—to be protectable.
If the timeline is altered so that Ai marries Forbesii, she becomes the mother of the alternate, red-haired Nerine. When Rin and the others return from the past, and assuming that history has been restored, they discover that Ai fell in love with Rin and has waited for 20 years to be re-united with Rin, rejecting numerous proposals in the interim. Ai (藍) is the Japanese word for Persicaria tinctoria, or the Japanese indigo. Since her name is written in katakana, it can also carry a secondary meaning of 'love' (愛).
Bronze Vajras and Bell from Itsukushima, Japan The Sanskrit term "vajra" denoted a thunderbolt like a legendary weapon and divine attribute that was made from an adamantine, or an indestructible substance which could, therefore, pierce and penetrate any obstacle or obfuscation. It is the weapon of choice of Indra, the King of the Devas. As a secondary meaning, "vajra" symbolizes the ultimate nature of things which is described in the tantras as translucent, pure and radiant, but also indestructible and indivisible. It is also symbolic of the power of tantric methods to achieve its goals.
Writing for a majority of the court, Justice Byron White concluded that trade dress is inherently distinctive under the Lanham Act and that plaintiffs are not required to prove secondary meaning in suits to protect their trademark.Two Pesos, Inc., 505 U.S. at 776; see also Paul A. Briganti, Renovating Taco Cabana: The Lanham Act's Protection of Product Design After Samara, 38 481, 495 (2002). The Court upheld an award of $3.7 million in damages, and Taco Cabana ultimately acquired all of Two Pesos' assets in 1993 for $22 million.
In the Rostam and Sohrab section of the poem, Rostam's paramour, the princess Tahmina, is referred to as "peri-faced" (since she is wearing a veil, the term peri may include a secondary meaning of disguise or being hidden). Peris were the target of a lower level of evil beings called دیوسان divs (دَيۋَ daeva), who persecuted them by locking them in iron cages.Olinthus Gilbert Gregory Pantologia. A new (cabinet) cyclopædia, by J.M. Good, O. Gregory, and N. Bosworth assisted by other gentlemen of eminence, Band 8 Oxford University 1819 digitalized 2006 sec.
Unlike Persian "Nima" - whether used as masculine and usually feminine name - could have been possibly adopted from the neighbouring Arabic noun-adjective "نِعْمَة \- ni‘mah / ni‘amah" - basic meaning: "blessing" or other meanings: "abundance; benefaction; beneficence; blessing; boon; favor; grace; kindness", for example, a lesser-composite Muslim masculine name like "نِعْمَةُ ٱلله \- Ni‘mat’Ullah / Ni‘amat’Ullah \- Blessing of Allah (God)" or a secondary meaning in the following sentence explained. However, this "نِعْمَة \- ni‘mah / ni‘amah" denoted and referenced in the Islamic holy book of the Holy Qur'an is meant as "the Favour(s)/ Grace of Allah (God)".
A Venn diagram shows the overlap in the terminology of "vegetables" in a culinary sense and "fruits" in the botanical sense. The exact definition of "vegetable" may vary simply because of the many parts of a plant consumed as food worldwide—roots, stems, leaves, flowers, fruits, and seeds. The broadest definition is the word's use adjectivally to mean "matter of plant origin". More specifically, a vegetable may be defined as "any plant, part of which is used for food", a secondary meaning then being "the edible part of such a plant".
The court found that regardless of whether Leinster's story first coined the phrase, it had since become a generic and therefore unprotectable term that described the genre of science fiction in which humans first encounter alien species. Even if the title was instead "descriptive"--a category of terms higher than "generic" that may be protectable--there was no evidence that the title had the required association in the public's mind (known as "secondary meaning") such that its use would normally be understood as referring to Leinster's story. The Second Circuit Court of Appeals affirmed the lower court's dismissal without comment.
The earliest attested use of the term "American" to identify an ancestral or cultural identity dates to the late 1500s, with the term signifying "the indigenous peoples discovered in the Western Hemisphere by Europeans." In the following century, the term "American" was extended as a reference to colonists of European descent. The Oxford English Dictionary identifies this secondary meaning as "historical" and states that the term "American" today "chiefly [means] a native (birthright) or citizen of the United States." American westward expansion is idealized in Emanuel Leutze's famous painting Westward the Course of Empire Takes Its Way (1861).
Petar Skok derived it from Turkish-Persian noun šoh ~ suh ("wicked, shameless, unclean") with suffix "-gin, -kin" ("unclean"). In his unfinished etymological dictionary published in 1973, the editors considered most reasonable the Romanian şoacăţ with primary meaning a mouse, and secondary meaning a mockery for Western Europeans (especially Germans) who dressed in urban fashion, from which derives adjective şoacăfesc (German), abstraction įoacăţie. Other assumptions are from Serbo-Croatian word skok or uskok ("to jump, leap, to jump in"), or from folk etymology šaka ("fist"), from the way they make the sign of the cross which is different from Orthodox's sign with three fingers.
These are by far the most common type of hologram – and in fact they are not holograms in any true sense of the words. The term "hologram" has taken on a secondary meaning due to the widespread use of a multilayer image on credit cards and driver licenses. This type of "hologram" consists of two or more images stacked in such a way that each is alternately visible depending upon the angle of perspective of the viewer. The technology here is similar to the technology used for the past 50 years to make red safety night reflectors for bicycles, trucks, and cars.
The REALDWG and DWGX registrations were opposed by SolidWorks. The DWG EXTREME, DWG TRUECONVERT, and DWG TRUEVIEW trademark registration applications all received substantial resistance, with the USPTO examining attorney requiring Autodesk to disclaim exclusive use of DWG as a condition for their registration. In a non-final action in May 2007, the USPTO examining attorney refused to register the two DWG marks, as they are "merely descriptive" of the use of DWG as a file format name. In September 2007, Autodesk responded, claiming that DWG has gained a "secondary meaning," separate from its use as a generic file format name.
This usage of hex to mean 16 is also in line with the similar IEEE 1754 term hexlet indicating 16 octets. (NB. The standard defines doublets, quadlets, octlets and hexlets as 2, 4, 8 and 16 bytes, giving the numbers of bits (16, 32, 64 and 128) only as a secondary meaning.) Although the word hextet is not officially recognized in the IETF documents, the word is used in technical literature on IPv6 published after the Internet Draft. Official IETF documents simply refer to them as pieces. Cisco sources generally use the term quartet as does IPv6.
In Upside Down, Galeano makes a set of rhetorical and visual choices that expose the intentions of his book. Beginning with the title, Upside Down: A Primer for the Looking-Glass World, Galeano uses the term "primer" to convey the educational goals of the book. Later on he uses the term "practicum" to reinforce such goals. Primer, in this case, both indicates Galeano’s wish for this to be the initial textbook that engenders a new structure of thought and also suggests a secondary meaning; he views Upside Down as a text that provides a clear foundation.
However, the court may decide that a mark has acquired a secondary meaning sufficient in making the mark capable of distinguishing the goods or service through the continuous use of that mark in the market.Article 36(3) of the Industrial Property Law, Royal Decree No 67/2008. Words which are commonly used by the public to refer to the type of good or service, and words of a technical nature used to describe the good or service, cannot satisfy the requirement for a mark to be capable of distinguishing the good or service from those of another establishment.
They are usually distributed in printed or electronic volumes, either before the conference opens or after it has closed. A less common, broader meaning of proceedings are the acts and happenings of an academic field, a learned society. For example, the title of the Acta Crystallographica journals is New Latin for "Proceedings in Crystallography"; the Proceedings of the National Academy of Sciences of the United States of America is the main journal of that academy. Scientific journals whose ISO 4 title abbreviations start with Proc, Acta, or Trans are journals of the proceedings (transactions) of a field or of an organization concerned with it, in that secondary meaning of the word.
St. Marys River connects Lake Superior (top left) to Lake Huron (bottom and right) Before Europeans arrived, Ojibwe (Chippewa) Native Americans fished, traded, and maintained a portage around the rapids of the St. Marys River, which they referred to as ', meaning "at the cascading rapids". French explorer Étienne Brûlé was the first European to travel up the rapids in about 1621. In 1641 Jesuit priests Isaac Jogues and Charles Raymbault ventured the same route as Brûlé, finding many Ojibwe at the rapids, and named it Sault Ste. Marie. Sault (Middle and early Modern French spelling of ') means "jump"; hence, the secondary meaning "rapids" because the water 'jumps.
Holbein's The Ambassadors (1533) is a complex work whose iconography remains the subject of debate. Iconography, as a branch of art history, studies the identification, description, and the interpretation of the content of images: the subjects depicted, the particular compositions and details used to do so, and other elements that are distinct from artistic style. The word iconography comes from the Greek ("image") and ("to write" or to draw). A secondary meaning (based on a non-standard translation of the Greek and Russian equivalent terms) is the production or study of the religious images, called "icons", in the Byzantine and Orthodox Christian tradition (see Icon).
Population estimates of the peranakan (shown in red) and totok (in pink) throughout the 20th century Scholars who study Chinese Indonesians often distinguish members of the group according to their racial and sociocultural background: the "totok" and the "peranakan". The two terms were initially used to racially distinguish the pure-blooded Chinese from those with mixed ancestry. A secondary meaning to the terms later arose that meant the "totok" were born in China and anyone born in Indonesia was considered "peranakan". Segmentation within "totok" communities occurs through division in speech groups, a pattern that has become less apparent since the turn of the 20th century.
In the Hellenistic Jewish Septuagint the term was rendered hilasterion ("thing that atones"), following the secondary meaning of the Hebrew root verb "cover" ( kaphar) in pi'el and pu'al as "to cover sins," "to atone" found also in kippurim. The term hilasterion is unknown in classical Greek texts and appears to be one of several Jewish Greek coinages found in the Septuagint translation. The Jewish Greek hilasterion was later rendered literally into Latin as propitiatorium in the Christian Latin Vulgate. In Jewish Greek texts the concept of a hilasterion also occurs in Josephus' Antiquities of the Jews 16,7,1 mnema hilasterion ("monument to ask for atonement").
This appreciation for neoteny may be one factor that caused him to fall in love with Kanata, whom he eventually married. He describes that he likes girls as some men do, but that he also appreciates younger ones. This means that this attraction is equal or possibly secondary, meaning he does not have a preference for them, so despite being a 'lolicon' (person with a lolita complex) he is not a pedophile. Throughout the show news reports and conversations indicate that young girls in the area are being approached by a strange man, and a running joke in the show involves hints that Sōjirō is in fact the one doing it.
The debate revolves around two Greek words. The noun φωνῆ (phōnē - the source of the English word "telephone") means "voice, utterance, report, faculty of speech", but can also be translated "sound" when referring to an inanimate object.Henry George Liddell and Robert Scott, A Greek-English Lexicon: φωνή The verb ἀκούω (akouō - the source of the English word "acoustics") usually means "hear", but has a secondary meaning "understand", which is how most translations render it in for example.Henry George Liddell and Robert Scott, A Greek-English Lexicon: ἀκούω Resolving the contradiction involves translating φωνῆ and ἀκούω in Acts 9:7 as "hear" and "sound" respectively, but translating the same words in Acts 22:9 as "understand" and "voice".
This is also the case in countries where liberal economic ideas have been the tradition such as the United States and are thus considered conservative. In other countries where liberal conservative movements have entered the political mainstream, such as Italy and Spain, the terms liberal and conservative may be synonymous. The liberal conservative tradition in the United States combines the economic individualism of the classical liberals with a Burkean form of conservatism (which has also become part of the American conservative tradition, such as in the writings of Russell Kirk). A secondary meaning for the term liberal conservatism that has developed in Europe is a combination of more modern conservative (less traditionalist) views with those of social liberalism.
Generally, evidence of use may only be acceptable or relevant if it covers a certain period of time (e.g. three years prior to the filing date of the trademark application) and originates from within the jurisdiction where registration is sought. The terminology of acquired distinctiveness is accepted in the European Union and Commonwealth jurisdictions such as Australia, Hong Kong and the United Kingdom, and the common law jurisdiction of the United States (which also uses the term secondary meaning). In the U.S., if a trademark has been used for a continuous period of at least five years after the date of registration, the right to use the mark and the registration may become "incontestable" (e.g.
A person who is unfamiliar with the hidden or alternative meaning of a sentence may fail to detect its innuendos, aside from observing that others find it humorous for no apparent reason. Innuendo is often used in sitcoms and other comedy where some in the audience may enjoy the humour while being oblivious to its secondary meaning. A triple entendre is a phrase that can be understood in any of three ways, such as in the back cover of the 1981 Rush album Moving Pictures which shows a moving company carrying paintings out of a building while people are shown being emotionally moved and a film crew makes a "moving picture" of the whole scene.
The corporation founded by William F. Cody, the actual Buffalo Bill, and two partners in 1913, which made a film of his wild west exploits, The Adventures of Buffalo Bill (1917), brought a suit in federal court in Colorado seeking an injunction to prevent the 1922 film serial from using the name "Buffalo Bill" and his likeness in any advertising. Applying the law of unfair competition, the court dismissed the suit noting that the name, which at best had only a common law trademark, had acquired a secondary meaning regarding the American west which had lost its exclusivity from being used in several plays without challenge, and that the theater-going public could readily distinguish between the films.
94 'Disaffectation' conveys a deliberate double meaning. The Latin prefix dis-, indicates separation or loss and suggests, metaphorically, that certain people are psychologically separated from their emotions and may have "lost" the capacity to be in touch with interior psychic reality. Also included in this prefix is the secondary meaning from the Greek dys- with its implication of illness. According to Professor of Psychiatry of the University of Toronto, Graeme Taylor, this psychoanalytic conceptualization departs from older, less applicable theories which emphasized the role of unconscious neurotic conflicts, and instead facilitates a psychoanalytic model of physical illness and disease based on the operation of primitive pre-neurotic pathology that has failed to achieve psychic representation.
The Cheerleaders successfully argued that their uniforms were mimicked by the film's producers and used in advertising. The theater argued that uniforms are strictly functional items, but the Second Circuit explained that "[i]t is well established that, if the design of an item is nonfunctional and has acquired secondary meaning, the design may become a trademark even if the item itself is functional." The decision has been criticized on free speech grounds, but the Seventh Circuit has cited it for the proposition that "confusion about sponsorship or approval, even when the mark does not mislead consumers about the source of the goods," may be sufficient to state a claim under Lanham Act 43(a).See Tony Farmany, 12 J. Contemp.
In Central Asia and in former communist countries, the term "cultural Muslim" came into use to describe those who wished their "Muslim" identity to be associated with certain national and ethnic rituals, rather than merely religious faith. Malise Ruthven (2000) discussed the terms "cultural Muslim" and "nominal Muslim" as follows:Islam: A Very Short Introduction, by Malise Ruthven, Oxford University Press, 2000. > There is, however, a secondary meaning to Muslim which may shade into the > first. A Muslim is one born to a Muslim father who takes on his or her > parents' confessional identity without necessarily subscribing to the > beliefs and practices associated with the faith, just as a Jew may describe > him- or herself as Jewish without observing the Tanakh or Halacha.
The Court concluded three necessary components of a passing-off action from previous case law: the existence of goodwill, deception of the public due to a misrepresentation and actual or potential damage to the plaintiff. In order for a manufacturer to succeed in a passing off action, he or she had to show that its product had acquired a secondary meaning with its customers and that the competing product was likely to create a risk of confusion in the public mind.Ciba-Geigy at paras 33-36; Theresa M Corneau, ed, Trade-Mark Practice in Canada (Canada: Borden Ladner Gervais LLP, 2011) at 102. The confusion can arise from both wilful as well as negligent or careless misrepresentation by the manufacturer.
Thus there have been two different meanings (or more levels of biblical hermeneutics): an historical meaning, truly happening according to the Gospels, and a secondary meaning in the symbolism. "Flevit super illam" (He wept over it); by Enrique Simonet, 1892 In Luke 19:41 as Jesus approaches Jerusalem, he looks at the city and weeps over it (an event known as Flevit super illam in Latin), foretelling his coming Passion and the suffering that awaits the city in the events of the destruction of the Second Temple. In many lands in the ancient Near East, it was customary to cover in some way the path of someone thought worthy of the highest honour. The Hebrew Bible () reports that Jehu, son of Jehoshaphat, was treated this way.
The 18th century witnessed a proliferation of different sorts of spoons, including the mustard-spoon, salt-spoon, coffee-spoon, and soup-spoon. In the late 19th century UK, the dessert-spoon and soup-spoon began to displace the table-spoon as the primary implement for eating from a bowl, at which point the name "table-spoon" took on a secondary meaning as a much larger serving spoon. At the time the first edition of the Oxford English Dictionary was published in 1928, "tablespoon" (which by then was no longer hyphenated) still had two definitions in the UK: the original definition (eating spoon) and the new definition (serving spoon). Victorian and Edwardian era tablespoons used in the UK are often or sometimes larger.
In toponymy and hydronymy the word is often mistaken for another Welsh word "Pŵll" ("Pool"), however there is no proven link between the words and the two are often found within the same localities (for example, medieval Caerleon had a Pwll Mawr and a Pîl Mawr either side of the Roman port). Pîl may have developed a secondary meaning of 'refuge', as the name appears in some inland areas (such as Pilleth in Powys). Although the name is associated with the coastline of Glamorgan and Gwent, it is found on both sides of the Severn, from Pembrokeshire in the west to Somerset and Gloucestershire in the East. In South West England, the word is rendered as Pill, and is interpreted by Robert Macfarlane as denoting "a tidal creek or stream...capable of holding small barges".
Jovan Cvijić noted the uncertainty whether the term "Vlach" in medieval Serbia and other parts was always used for genuine Vlach, or also Serb shepherds, since the term gradually developed a secondary meaning of "shepherd", regardless of ethnicity. According to Croatian-Albanian historian Zef Mirdita (2009), some Serbian scholars like D. Đurđev (1951) often totally rejected Vlach ethnic uniqueness, considered them only a social category and proclaimed them as Serbs or Slavs, against the fact that the Vlachs were always mentioned as, according to Mirdita, a genuine ethnicity in medieval records until the 16th century. Franz Babinger (1951) also opposed Đurđev's point of view. Montenegrin ethnologist Petar Šobajić stated that the first Slavic settlers in the area of Zeta mixed with local Romanized Illyrian natives and Slavicized them, though accepting the natives' tribal names (Španji, Mataguži, Mataruge, Malonšići, Macure, Bukumiri, Kriči).
More recent thought by Mauno Koski associates the Finnish 'Hiisi' (and the Estonian 'Hiis') primarily with burial sites, or sacred areas associated with burial sites; with a secondary meaning of hiisi as a (noun) term applied to dominant, exceptional, or anomalous geographical features. On Christianization its semantic meaning may have been lost, or became unclear – this may have led to the 'anthropomorphism' of hiisi-sites, as "giant's ...", or the change from usage as a common noun to an interpretation as a proper noun indicating the name of a deity or spirit. It has been supposed that Hiisi's evil nature has been magnified over time, with the Christianization of Finland in the 12th and 13th centuries being the start of the change in portrayal. In more recent times his nature is nearly synonymous with that of a Christian devil.
The word stevedore originated in Portugal or Spain, and entered the English language through its use by sailors. It started as a phonetic spelling of estivador (Portuguese) or estibador (Spanish), meaning a man who loads ships and stows cargo, which was the original meaning of stevedore (though there is a secondary meaning of "a man who stuffs" in Spanish); compare Latin stīpāre meaning to stuff, as in to fill with stuffing. In the United Kingdom, people who load and unload ships are usually called dockers, in Australia dockers or wharfies, while in the United States and Canada the term longshoreman, derived from man-along-the- shore, is used.America on the Move collection Before extensive use of container ships and shore-based handling machinery in the United States, longshoremen referred exclusively to the dockworkers, while stevedores, in a separate trade union, worked on the ships, operating ship's cranes and moving cargo.
Justice Breyer, writing for a unanimous 9-0 court, overturned the Ninth Circuit’s decision, holding that the Lanham Act was very broad in its definition of what a trademark could be. The definition section of the Lanham Act, , defines trademarks as including “any word, name, symbol, or device, or any combination thereof”. Breyer reasoned that colors could constitute descriptive trademarks, because while colors do not automatically evoke a connection to any product by themselves, they could take on secondary meaning over time, in the course of use in the marketplace. In this way, a color could serve the chief purpose of trademarks, that of identifying the source of a particular product. Breyer also determined that the functionality doctrine was no bar to the registration of the plaintiff’s color as a trademark. He determined that a product feature is only functional “if it is essential to the purpose of the article or if it affects the cost or quality of the article”.
Genericization or "loss of secondary meaning" may be prevalent among either the general population or just a subpopulation, such as among people who work in a particular industry. Some examples of the latter type from the vocabulary of physicians include the names Luer-Lok (Luer lock), Phoroptor (phoropter), and Port-a-Cath (portacath), which have genericized mind share (among physicians) because no alternative generic name for the idea is widely used, and as a result, users may not realize that the term is a brand name rather than a medical eponym or generic-etymology term. Most often, genericization occurs because of heavy advertising that fails to provide an alternative generic name or that uses the trademark in similar fashion to generic terms. Thus, when the Otis Elevator Company advertised that it offered "the latest in elevator and escalator design," it was using the well-known generic term "elevator" and Otis' trademark "Escalator" for moving staircases in the same way.
In 1944 Hawaiian scholar Charles Kenn wrote, "In the primary and esoteric meaning, haole indicates a race that has no relation to one's own; an outsider, one who does not conform to the mores of the group; one that is void of the life element because of inattention to natural laws which make for the goodness in man. In its secondary meaning, haole ... implies a thief, a robber, one not to be trusted.... During the course of time, meanings of words change, and today, in a very general way, haole does not necessarily connote a negative thought.... The word has come to refer to one of Nordic descent, whether born in Hawaii or elsewhere." Fred Beckley Native Hawaiian Professor Fred Beckley said, "The white people came to be known as ha-ole (without breath) because after they said their prayers, they did not breathe three times as was customary in ancient Hawaii." New findings have proven all of these theories to be incorrect.
In a 7–2 opinion written by Justice Brandeis, the U.S. Supreme Court rejected Nabisco's arguments, and allowed Kellogg to continue to manufacture its shredded wheat cereal, and name it "Shredded Wheat". On the protection of the cereal's shape, the Court decided that the shape was functional and that there was a right to copy it after its patent expired, as the use of unfair competition and trademark laws could otherwise be used to impede the ability of rivals to create any competitive product, even though the patent had expired. On the picture of the two shredded wheat biscuits in the bowl of milk, the Court noted that "the name Kellogg was so prominent on all of the defendant's cartons as to minimize the possibility of confusion", and hence there was no fraudulent "passing off" of Kellogg's cereal biscuits as having been created by Nabisco. On the use of the term "Shredded Wheat", the Court ruled that the term was generic and not trademarkable; and dismissed a claim by Nabisco that it had acquired a "secondary meaning" under case law.
The word Doctor has long had a secondary meaning in English of physician, e.g. in Johnson's Dictionary, which quotes its use with this meaning by Shakespeare. In the US, the medical societies established the proprietary medical colleges in the 19th century to award their own MDs, but in the UK and the British Empire, where degree granting was strictly controlled, this was not an option. The usage of the title to refer to medical practitioners, even when they didn't hold doctoral degrees, was common by the mid 18th century. However, the first official recognition of Doctor being applied as a title to medical practitioners regardless of whether they held a doctoral degree was in 1838, when the Royal College of Physicians resolved that it would "regard in the same light, and address by the same appellation, all who have obtained its diploma, whether they have graduated elsewhere or not." The Medical Act 1858 made it illegal for anyone not qualified in medicine to use a title that implied they were.
8, of the Constitution > and in the implementing federal statutes, of allowing free access to copy > whatever the federal patent and copyright laws leave in the public domain. The Court held that the “findings” of the court of appeals about confusion, identification of the design with Day-Brite, lack of functionality of the design, and the like were immaterial because the absence of deception on Compco's part: > It is true that the trial court found that the configuration of Day-Brite's > fixture identified Day-Brite to the trade because the arrangement of the > ribbing had, like a trademark, acquired a "secondary meaning" by which that > particular design was associated with Day-Brite. But if the design is not > entitled to a design patent or other federal statutory protection, then it > can be copied at will. > > As we have said in Sears, while the federal patent laws prevent a State > from prohibiting the copying and selling of unpatented articles, they do not > stand in the way of state law, statutory or decisional, which requires those > who make and sell copies to take precautions to identify their products as > their own.

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