Trademarks are signs which can distinguish the products or services of one company from those of other companies. If a trademark is submitted to the trademark registry, the assessor will verify the distinctive character of the trademark. This assessment is on absolute grounds, in other words it entails verifying that the sign is descriptive for all or part of the services for which the application is submitted.

The underlying idea is that descriptive signs can be freely used and cannot be monopolised. For example, the word sock or pen relates to an article in general use. If the sign comprises only one word, the descriptive nature can be verified on the basis of day-to-day language skills and internet search machines. in which case a check will be carried out to verify that the sign (of part of the sign) can serve to identify characteristics of the products or services. In this context, it is irrelevant in case law whether there are existing synonyms or better known designations.

A trademark can be deemed to be descriptive even if it consists of a non-existent word. It has been decided recently that the essential question is whether a word is perceived by the target audience as descriptive rather than whether the trademark is actually descriptive.

Trademarks can also be rejected if they are deemed to be misleading or in breach of public order or public morals.The absence of distinctive character is the most common reason for the agency’s refusal to register a trademark. This is why it is important to check that the trademark can be considered as descriptive before filing a trademark application.

Center Tone provides a registration guarantee and ensures that your trademark is not refused on these absolute grounds.