Is my Trade Mark too descriptive?

Trademarks which describe the goods or services that they're aiming to promote will not be accepted by the Trademark Registry if they do not offer any distinction.


What does this mean?

It means that you cannot claim the rights to a word or phrase which is commonly used to promote goods or services which are similar to your own.

Some examples of trademarks that would typically be rejected by the registry on distinctive grounds would be:-


24hrsAday - Many traders advertise their goods or services as 24 hours a day. This mark would be instantly rejected as it means that the owner of the mark would be able to claim rights over all traders using this common phrase.


MeatyButchers - If you are trading as a butcher, these two words simply the type of goods that you are selling. Joining the two words together to make a new word would not make this mark acceptable.

PHONES direct - 'Direct' describes goods or services sold directly to the public and is widely used by traders. 'Phones' doesn't add any more distinction to the mark as, again, it's describing what the mark is being used to promote.

The one 4 you - Slogans like this are commonly used in trade and are therefore, not distinctive. Using the number ''4'' instead of the word ''for'' does not add more distinction as it sounds the same as the word it represents.


What can I do to make my mark more distinctive?

If you're already using a descriptive mark to promote your goods/services, ways of adding distinction can include:-

• Using ''Made-Up'' words (i.e. words that don't already exist)
• Adding a logo - A well-conceived logo can give your mark added distinction, although note that this will, of course, limit the scope of your protection (i.e. you will be restricted to using the logo to safely promote your goods/services)
• Picking a word that has no relevance to the goods or services you're selling... i.e. ''Doors'' if you're planning to use the mark to promote watches. Doors is a commonly used word, but it isn't related in any way to 'watches'.

Common Misconceptions

The registry may reject words or logos that are unlikely to be conceived as a trademark by the public because they are:-

• Misspelt words such as 'nite' or 'fone'
• In Colour
• In a different typeface or font
• Displayed as an internet domain with ''.com'' or ''.co.uk'', etc.
• Words which are joined together to create a new word such as PHONESHOP
• A combination of any of the above.

Need to check if your mark is too descriptive? Get some free trademark advice today.

Happy that your mark is distinctive enough? Make sure it isn't already registered with our Free Trademark Search facility.

If you've checked both of the above, then you can proceed straight to Trademark Registration.