Descriptive Marks. Why they should be avoided.

Adopting a descriptive brand is seen to be both beneficial and sacrificial for a business. As a descriptive trade mark can give customers an insight into the business, however can also be deemed quite risky from a legal perspective.

In regard to why descriptive marks should be avoided, here are the most significant reasons. First and foremost, in order to register a trade mark, your mark requires to be distinctive and capable of be distinguished among similar products trademarked.

Furthermore, a Trade Marks Examiner may also refuse the registration of a trade mark if the trademark is a description of goods and services, as this may lead to having a monopoly right over a word or phrase. The grounds of the approval of a descriptive mark will also be determined on the context of the mark and the sector of business.

Therefore, it is important that when you consider your brand name of your business, you are aware that distinctiveness is key, especially if you want a registered trade mark.

By Manpreet Taak, a student at Cantell School