A common practice of entrepreneurs in my region is to use a descriptive trademark. In their perception, it is easier to build connection between customers and products when using a descriptive trademark.
Why is it risky to use a descriptive trademark?
1️⃣ It is not distinctive and difficult to stand out from competition
Example : You sell spicies and your trademark is « Delicious spicies »
One of the key functions of a trademark is to distinguish your products from those of the competitors, to build loyalty and recognition. A descriptive trademark as the one previously listed will difficulty fulfil this function.
2️⃣ It won’t be eligible for registration
One of the criteria for a trademark to be eligible for registration is distinctiveness in the majority of IP offices.
Applying for the registration of a descriptive trademark is a waste of money and time.
You won’t either have the monopoly you were looking for through the registration.
3️⃣ If you miraculously succeed to register a descriptive trademark, you will be highly expose to IP litigation
It will be challenging to prevent people from using similar or identical brand in commerce. Either being focusing on building your business you will waste time and money opposing trademark registration.
You may be tempted to use a descriptive trademark but this won’t be the best strategy for your company for these reasons and many others. A good trademark could be an inventive word, a design or a combination of both for example. If you don’t know were to start get assistance of a professional.
