Making your trademark capable of distinguishing

Making your trademark capable of distinguishing

When selecting your trademark, you should be careful that you don't select a trademark that described your goods and services too closely. A good trademark should suggest your goods and services, not describe them.

For example a trademark application for 'parking disk' for 'Cardboard parking disc to display time of arrival for timed parking zones' would be considered during examination to be inherently incapable of distinguishing, and that other traders manufacturing and servicing parking disks would probably have a bona fide need to use the same trademark.

As such, when filing your trademark application with Trademarken, you may request a 3 point registerability review, which advises on whether your trademark is capable of distinguishing.

Last modified:03/10/2013