Be distinctive

Distinctiveness is a basic requirement for trade mark protection. A trade mark must help customers tell one business apart from another. If a name simply describes the product or service, it will usually not be accepted. The law does not allow businesses to stop others using words they need to describe what they sell.

Stronger trade marks tend to be invented words or names that do not clearly describe the goods or services. These marks are easier to register and easier to enforce.

Problems often arise when businesses choose names based only on marketing appeal. Descriptive names may feel clear or helpful, but they often provide weak legal protection. It is sometimes possible to register a descriptive mark if it has become well known through use, but this requires strong evidence and is rarely simple. Choosing a distinctive name early reduces legal risk later.