Written by Igor Demcak
CEO & Legal Mind
In trademark law, descriptiveness is a term used to denote a mark that doesn't show sufficient distinctiveness and is merely descriptive of the goods/services provided under the given brand. "Yoga house" or "HairPro" would be examples of descriptive marks.
In simple terms, descriptive trademarks lack uniqueness that would help distinguish the brand from other brands or generic names. Therefore, the IP offices generally refuse descriptive trademarks.
It is important to note that descriptiveness is assessed in relation to the brand's offering. For example, the brand name "Apple store" would be considered descriptive if the store sold groceries. However, the same name is unique in connection to electronics.
It is highly recommended to get a professional opinion on the possibility of having a descriptive logo or a brand name before filing an application to the IP office to reduce the risk of refusal.
Can I register a trademark in countries where my business is not active yet?
What are the risks if there are similar trademarks registered?
What is the price for 2 or more trademark classes in the US?
Will I be able to use different colour versions of my trademark?
I have several variations of my logo. Which one should I register?
What's the difference between the use-in-commerce and intent-to-use basis?
Does the upper case/lower case presentation matter when registering a trademark?
I want our trademark to be register under the company, is that possible?
Does an expired trademark have a period during which nobody can re-register it?
After I file a trademark application, would adding a logo have any additional charges?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
