Legal Definitions - descriptive trademark

Descriptive Trademark

A descriptive trademark is a brand name, logo, or slogan that directly describes a characteristic, quality, purpose, ingredient, or geographic origin of the goods or services it represents.

Unlike more distinctive trademarks, descriptive marks are generally difficult to protect legally at first because they simply tell consumers something obvious about the product or service itself, rather than uniquely identifying its source. For a descriptive trademark to gain legal protection, it usually needs to acquire secondary meaning. This means that, over time, consumers must come to associate that descriptive term specifically with a particular company or brand, rather than just the product's features.

Here are some examples:

• Example 1: "Sharp Knives" for a company selling kitchen knives.

  This phrase directly describes a primary quality or feature of the product being sold. The term "Sharp Knives" tells a potential customer exactly what to expect from the product – knives that are sharp. Because it describes a common attribute of knives, it would be difficult for one company to claim exclusive rights to this phrase without first proving that consumers specifically associate "Sharp Knives" with their particular brand, rather than just with sharp knives in general.

• Example 2: "Speedy Delivery Services" for a courier company.

  Here, the trademark describes a key characteristic of the service offered: quick delivery. The words "Speedy Delivery" inform customers about the nature and benefit of the service. If a company tried to register "Speedy Delivery Services" as a trademark, it would likely be deemed descriptive because it merely explains what the service does. To gain protection, the company would need to demonstrate that customers have learned to associate "Speedy Delivery Services" specifically with their business, distinguishing it from other fast delivery services.

• Example 3: "Comfortable Shoes" for a footwear brand.

  This trademark directly highlights a desirable quality of the product – comfort. "Comfortable Shoes" describes a benefit that many consumers seek in footwear. Since many shoe brands aim to offer comfort, allowing one company to exclusively use this phrase would unfairly prevent competitors from accurately describing their own products. Therefore, this mark would be considered descriptive and would only receive trademark protection if the brand could show that consumers widely recognize "Comfortable Shoes" as referring exclusively to their specific line of footwear.