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Can descriptive terms be registered as EU trademarks?

Founder & Trademark Attorney

Purely descriptive terms cannot be registered as EU trademarks under normal circumstances. A term that describes the kind, quality, quantity, purpose, value, or geographic origin of the goods or services it is applied to will be refused on absolute grounds.

The exception is acquired distinctiveness. If an applicant can demonstrate through evidence (such as sales figures, market research, length of use, and advertising expenditure) that consumers have come to associate the descriptive term with a single commercial source, the EUIPO may register it despite the descriptiveness objection.

This is a high bar to clear and generally requires substantial evidence of long and extensive use across the EU.

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