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Marks to avoid when choosing a Trademark or Service Mark
Whichever type of application you decide to complete, before you apply you should try to determine whether or not the application has any chances of being accepted. In addition to the requirement that nobody else is using the trademark you want to use (or something similar), your trademark must also be distinctive. That means it cannot be so generic that it just describes the product instead of the source of it.
Although fulfilling the definition of a trademark, a sign may not be registered as a trademark if an absolute ground for refusal applies, namely if :
• the sign is devoid of any distinctive character. This concerns mainly descriptive and generic trademarks:
o Descriptive marks: marks that describe the goods or services with which they are associated. You cannot protect “pen” for writing instruments or pens, for example.
o Generic marks: Generic words are common words that describe an entire class of goods or services. These words do not serve as an indication of the source of goods or services and should be avoided when choosing a potential mark. You cannot protect the name “seats” for chairs, for example.
o Combination of two or more terms without distinctive character will not create a trademark capable of protection, and will also be refused
• the sign exclusively serves to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service. You cannot protect the mark “1 EUR” or “high quality”, for example.
• the sign has become customary in the current language or in the bona fide and established practices of the trade
• the sign is contrary to public order or to accepted principles of morality: scandalous or immoral marks offend the conscience.
• the sign is of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service.
Furthermore, the trademark Offices will not register a trademark that contains:
• a national flag or emblem
• other governmental, foreign or international insignias, flags or emblems (including for exemple the European Emblem).
If you nonetheless decide to use a generic, descriptive or deceptive term, we will be able to obtain the registration of your trademark application if it has been filed as a logo only. We thank you to upload the corresponding logo when completing your application request.
Trademark Search - Frequently Asked Questions
- What is a Trademark?
- Why do I need to protect my Trademark?
- What about my Internet Domain Name?
- What are the benefits of registering?
- What can be trademarked?
- Marks to avoid when choosing a Trademark or Service Mark
- Is it advisable to conduct a search before I apply to register a Trademark?
- Do I need to be using my Trademark to register it?
- How do I know which class my goods fall in?
- Can I file in more than one international class & what are the implications?
- Should I apply in my own name or in the name of my company or corporation?
- How long does it take for the Trademark Office to process my application?
- The Trademark application process
- What is an Office Action?
- What happens when a mark is published?
- What is an opposition?
- How long does a Trademark last?
- Use of the TM ® and SM Symbols
- How to use a Trademark
- Can I assign my trademark to a third party?
- What is trademark watch?
- Why choosing two languages for Community Trademarks?
- What is priority or priority deadline?
- What is the “next deadline”?
- What are “designated countries”?
- What are “decisions”?