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What makes a trademark distinctive enough to register in the EU?

Founder & Trademark Attorney

A trademark is distinctive enough to register if consumers would perceive it as identifying the goods or services of one business and distinguishing them from those of others. Distinctiveness is assessed in relation to the specific goods and services listed in the application.

Distinctiveness is separated into three levels. Invented or arbitrary marks (words with no connection to the goods, such as "Apple" for computers) are the most distinctive and easiest to register. Suggestive marks (those that hint at a quality without describing it directly) occupy a middle ground. Descriptive or generic terms have no inherent distinctiveness and cannot be registered unless the applicant can demonstrate acquired distinctiveness through use.

Where a mark lacks inherent distinctiveness, it may still be registered if the applicant provides evidence that the mark has, through long and extensive use, come to be recognized by consumers as identifying a single commercial source.

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