A trademark that has acquired secondary meaning means that the trademark has become recognized as a brand for specific goods and services from a single source.
Secondary meaning is required when your mark (whether word, logo, design, packaging, or something else) is not “inherently distinctive,” but also not “generic.”
Circumstantial evidence of secondary meaning includes evidence relating to the length, manner, and exclusivity of the trademark’s use, advertising expenditures, and amount of sales and number of customers. As always, this is not a substitute for proper and specific legal advice.
It’s important to note that Course Hero, though innovative, is not the first of its kind. And from the looks of it, it definitely won’t be the last. Student groups, clubs, fraternities, and sororities have collected test files for decades, giving members of those groups a distinct advantage over others.