The Pitfalls of Laudatory Marks

When filing for a trademark application there are multiple things to consider. One of these areas is the phrasing of word marks. As there are things to avoid if you want your application to succeed.

One of the areas where word applications tend to slip up are Laudatory marks. This is because Laudatory marks gives of the character or the quality of the goods and tends to fall under words such as ‘super’ or ‘wonderful’. There is a certain disdain for these words as they represent the idea of giving praise and commendation to the product or service that you are trying to provide. As these words give praise to the product or service these words are devoid of any distinctive character and they are merely describing the product or service in a way which would promote it to the consumer.

In particular the descriptiveness of laudatory marks is the main reason why the word application would fail when reviewed by the trade mark office examiner. This is because these terms used to describe the goods or services are merely promotional for the product and give no indication to the commercial origin of the product itself.

If the meaning of the trademark is not exclusively laudatory it may be accepted but this is unlikely. Therefore, Laudatory marks should be avoided entirely if you want the trademark application to be granted. So it is best to consider removing a laudatory term or anything that is devoid of character or descriptive before making a financial commitment.

By Owen White

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles