The importance of distinctiveness

Posted by Jane on September 21, 2017 / Posted in Trade Marks
Your business is unique to you and how you have worked hard to build it, so why shouldn’t your business name be unique too.

Your business is unique to you and how you have worked hard to build it, so why shouldn’t your business name be unique too.

There are many elements that come together to make a successful business, but there are fewer for a successful trade mark.

The most important characteristic of a successful trade mark is distinctiveness.

A trade mark is there to be a brand indicator and allow consumers to identify you and your products or services above any other brands.

It is therefore crucial that your business stands out from the others in the industry. Therefore, your trade mark must be distinctive.

Not only must your trade mark be distinctive from a practical side of things, but for a brand to comply with the Trade Marks Act 1994 and be accepted as a registered trade mark, it must be distinctive and cannot be descriptive.

A registered trade mark gives the owner ultimate protection over the word, phrase or image. Therefore, it is unacceptable to allow someone to get this kind of protection over commonplace words that merely describe the goods and services it represents.

This restricts competition and will ultimately prevent the development of technology.

In a nutshell, make your brand distinctive, not descriptive!

For more information, contact The Trademarkroom today.

By Ellis Sweetenham

Jane Coyle
This entry was posted on September 21, 2017 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.

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