Trade mark basics: Laudatory marks

When considering registering your brand as a trade mark, it is important you are aware of those elements you should include and those you should avoid.

There are obvious things to avoid, such as a copy of an existing trade mark, a term that describes your goods and services and commonplaces phrases, but there are others which are lesser known.

One of these lesser known but important elements is laudatory marks.

A laudatory mark is one which expresses praise and commendation. The mark will give the impression of a certain level of quality or the goods and services being of certain criteria.

A mark which is deemed to be laudatory will be refused by the intellectual property office examiner as the mark will be devoid of distinctive character in relation to certain goods and services.

For example, the words ‘Splendid’, ‘the Best’, ‘Wonderful’ and ‘Ideal’ are likely to be descriptive in relation to a wide range of goods.

However, certain terms are specifically descriptive in relation to certain goods. For example, the word ‘Classic’ would be specifically refused in relation to furniture and cars but may be distinctive in relation to technical goods.

When considering your branding and moving forward to registering a trade mark, it is important that you avoid as many pitfalls as possible to ensure the application process is smooth.

Our team can guide you through the process and assist you in protecting your brand. The team are ready to chat with you today.

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