Posts Tagged: "Trademark Invalidiy"

We’ve all been there. The Marketing team comes up with a shortlist of branding ideas for the latest product or service – and at the top of the list is a brand which is descriptive. As trade mark lawyers, we wouldn’t be doing our jobs properly if we didn’t explain that the descriptive brand will be more difficult to register as a trade mark than a made-up, distinctive name (in the UK anyway). Plus, it’ll be harder to enforce. However, the appeal of a descriptive brand (simple and clear) can’t be denied, especially with internet searching and online sales now so important. In this post, we’ll take a look at a few obstacles to enforcing a descriptive brand in the UK and Europe, and how to overcome them.