When it comes to developing a strong brand, your name and logo are vital. They represent not just your products or services, but your reputation and identity in the marketplace. But there’s a common tension between marketing teams, who may lean towards catchy or descriptive names, and legal advisers, who often take a more cautious approach. How do you find the sweet spot that satisfies both creativity and legal protection?
What Makes a Good Trade Mark?
A trade mark can be more than just a company name or logo. It can be any word, sign, symbol, or graphic that distinguishes your goods or services from those of competitors. In the UK, examples include words, logos, slogans, shapes, colours, or a combination of these elements. Essentially, it’s a badge of origin for your business and products.
However, not all names or logos can be registered as trade marks. For a trade mark to be accepted by the Intellectual Property Office, it must be distinctive. In other words, it needs to stand out from others in your industry and not simply describe the goods or services you offer.
How Do You Know If Your Trade Mark is Distinctive?
There are several factors to consider when assessing whether your brand name or logo can be registered as a trade mark. Here are some key questions to ask:
Is it a common term in your industry?
Think about the word “Apple.” While it works brilliantly as a trade mark for technology products, it wouldn’t be suitable for a company selling fruits. Why? Because it’s too descriptive of that industry. Similarly, names that are common in your own sector might face hurdles
Is it a generic term?
Brand names like “Hoover” or “Thermos” may seem attractive because they’ve become embedded in everyday language. However, there’s a risk: when a brand name becomes too generic—used as a catch-all term for a type of product—it can lose its trade mark protection. This is called “genericism.” A registered trade mark should always stand apart from the general description of goods or services, not become synonymous with them.
Is it a neologism (a new word)?
Creating a brand name by blending two existing words can result in something distinctive. However, just because you’ve made up a word doesn’t mean it will automatically qualify as a trade mark. For instance, if the combination of words is still too descriptive (like “EcoPower” for an environmentally friendly energy company), it may not pass.
Have you opted for an acronym?
Acronyms can be tricky. Well-known brands like KFC or DHL are easy to recognise because they’ve been around for decades. But in general, acronyms can be hard to enforce as trade marks because they’re often not distinctive enough to stand out from other brands.
Does the brand name mean something in another language?
Be careful when choosing words that might have unintended meanings abroad. For example, when Ford introduced its Pinto model in Brazil, it didn’t realise that “Pinto” was slang for something embarrassing in Portuguese. This misstep shows how important it is to research all potential meanings.
Does your trade mark include a graphic element?
Adding a graphic to a brand name can enhance its distinctiveness, but only if the image adds something unique. For example, pairing a kiwi fruit graphic with the word “KIWI” wouldn’t make the mark distinctive if the brand is for selling fruit—it would just reinforce the descriptiveness. But an unrelated, striking design might work to make your brand stand out.
Is your brand name already in use?
Sometimes, even if a brand name isn’t inherently distinctive, it can gain protection through extensive use in the marketplace. If you can prove that your name has built a strong reputation and is widely recognised by your customers, it might be possible to register it as a trade mark, even if it isn’t initially distinctive. A famous example is Audi’s use of the German phrase “Vorsprung durch Technik” (advancement through technology), which became so well known that it gained trade mark protection.
Getting the Balance Right
Navigating trade mark registration can feel like a balancing act. On one hand, you want a creative and memorable name that resonates with your audience. On the other hand, you need to ensure it offers strong legal protection and doesn’t fall into the trap of being too generic or descriptive.
At National Business Register, we specialise in helping businesses protect their intellectual property. We are able to offer advice and assist you in registering a design or trade mark. And for those that are unable to trade mark their name, we have our unique Business Name Protection service—which offers protection against passing off for businesses that cannot or do not want to register a trade mark.
Contact us on 0800 069 9090 or email us at info@nbrg.co.uk to protect your brand and ensure it stands the test of time.
