Trade mark legislation prohibits the registration of marks that are ‘devoid of any distinctive character’ or marks that indicate the characteristics of the goods or services with which they are associated or their geographical origin. For example ‘The Hair Salon’ could not be registered for a hairdressing salon.

Phonetic equivalents of objectionable marks are also unacceptable, for example, ‘Happi’ or ‘Electrix’. In practice, this means that descriptive marks are difficult to register.

The test established by EU case law is that distinctiveness is to be assessed by reference to the goods and services in respect of which registration is sought, and to the understanding which the relevant public has of the sign.

By Jane Coyle

Jane can be contacted at: Jane@trademarkroom.com