Are laudatory marks registerable?

Posted by Sena on October 01, 2019 / Posted in Trade Marks
As a general rule, it is advised that laudatory terms should be avoided when making a trade mark application.

As a general rule, it is advised that laudatory terms should be avoided when making a trade mark application.

A laudatory term is one that attributes to the quality or excellence of a product and/or service, for example, ‘the best pizza shop’ or ‘wonderful supermarket’. Marks that include words that give praise of commendation to the product or service are generally considered to be devoid of distinctive character and as such, are highly likely to be refused by a trade mark examiner.

Another issue in relation to laudatory terms is that they are usually considered as going hand in hand with false advertising. This is because the majority of these marks are objectively verified and not a matter of fact, for example, “the world’s best takeaway”.

However this does not mean that all applications containing laudatory terms will be rejected.

If a mark is not exclusively laudatory and can evidence distinctive character, the application may be approved. Do note however, this is an extremely slim chance and as trade mark applications through the UKIPO are non-refundable, it is best to avoid entirely.

We always recommend that in order to save time and expenses, your best port of call would be to choose a mark that is a. unique and b. distinctive as applications which satisfy these two elements usually have a successful track record.

If you have any questions relating to trademarks, contact the Trademarkroom today where we would be happy to assist you!

Sena Tokel
This entry was posted on October 01, 2019 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.

Comments