Written by Jan Buza
Co-founder of Trama
Generally, a descriptive trademark will get refused by the intellectual property office. Sometimes, the applicant can claim the mark has acquired "distinctiveness through use" if the mark has been active in commerce for a longer period of time and enough people have come to associate the mark with its goods/services despite its rather generic name. However, proving acquired distinctiveness is not straightforward and is not an option for new businesses.
Therefore, if your brand name is descriptive of your business offering, you will have to either make changes to your name to make it more distinct or try registering a graphical logo as a figurative trademark instead.
You can find tips on what to do and what not to do in our article How can I increase distinctiveness of my trademark?
Does an expired trademark have a period during which nobody can re-register it?
I saw a brand that started to copy my brand a little. Can a trademark help protect my business?
Which type of a trademark offers a better probability for approval by the IPO - word or logo?
Can we register a US trademark if our company is based outside the US?
Is the trademark registration through UKIPO valid in the Netherlands?
What are advantages of filing my TM through a lawyer / law firm?
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.
