What is a descriptiveness refusal?

Numerous entrepreneurs could start their story with the words “inspired by life” and Tom Revill, the founder of Plank hardware, is certainly one of them. “Plank Hardware all started with a few planks of wood and a new flat. We found that finding the right hardware at a reasonable price wasn’t so easy. We were so happy with the final pieces that we started making and selling them to friends, family and online. As a start-up, we’ve invested everything into our products and building our brand, so protecting that is really important to us.”

There is a myriad of reasons why trademark registration is of a crucial importance for the creators of gastronomic experiences. This article presents a concise summary of 12 key reasons why every food & drink retailer should think about registering for a trademark.

One of the most common reasons for trademark disputes has to do with the perceived similarity between existing trademarks. The two trademarks are considered “similar” if they share common characteristics connected to their appearance, sound, meaning and commercial impression, and if they are used for related goods or services. This is seen as a problem from brand perspective because the consumers might believe that the owners of the two trademarks are related, affiliated, connected, or that the goods or services originate from the same source.