One of the most frustrating moments for an entrepreneur is when they apply to register a trademark – only to find that the registrar believes the mark is “too descriptive” and therefore Not eligible for registration. But what exactly is a descriptive mark? Why is it legally problematic? And how can it be avoided in advance?
In this article, we'll explain in simple terms when a trademark is considered descriptive, what this means in the registration process, and what smart alternatives can help you build a truly protectable brand.
What is a "descriptive" trademark?
A descriptive trademark is a mark that tells the consumer What the product or service does, what it looks like, or what its features are, Without leaving room for imagination. That is, a sign that does not require the consumer to think or make a connection, but simply describes the thing itself.
for example:
- The word "tasty" For ice creams
- The name "Internet Smart" For digital training services
- The expression "The Cheap Furniture Warehouse" To a furniture store
Although these are catchy marketing names, they may be considered "descriptive" and therefore rejected by the trademark registrar.
Why is this problematic?
The main reason: Fairness and free competition.
The law does not allow any one party to have a "monopoly" on words or phrases that everyone should be free to use to describe their product or service.
For example, if someone writes the word "Fresh coffee" As a trademark, this would hurt any other coffee shop that wanted to use the phrase.
Therefore, generic and descriptive signs are considered Legally weak And sometimes they cannot be registered at all.
Legal classification – a ranking of the strength of signs
The law distinguishes between several types of signs, according to the level of their distinctive character:
| Legal status of registration | example | Type of sign |
|---|---|---|
| ❌ Not available for registration | "Bread" for baking | Generic |
| ❌ Usually will be rejected | "Fast and cheap" for deliveries | outline |
| ✅ Available for registration | El-Al Aviation | suggestive |
| ✅ Strong | "Apple" for computers | arbitrary |
| ✅ Very strong | "Kodak" for photography | Invented |
As long as the sign Less descriptive and more unique, the higher the chance of registration and the stronger the legal protection.
How to identify if your mark is descriptive?
Ask yourself:
- Does the word simply describe what I'm selling?
- Does it explain a feature or quality of the product?
- Are competitors likely to use the same terms?
If the answer is "yes" – the mark may be a descriptive mark.
What can be done there?
- Combine a unique name with a description
For example: instead of "smart bag" – use"Zuno" – your smart bag. You will write down the uniqueness, and leave the description as a marketing slogan. - Invent a new word or brand name
Invented names like "Waze", "Zappos", "Zimra" are more easily registrable. - Use a hint
For example, "GreenMind" for an ecological company – the name implies, not describes. This makes it easier to both obtain registration and differentiate. - Consider a graphic logo
Sometimes a designed logo will be considered more "distinctive" than text alone, and can be registered even when the brand name is borderline.
Summary
If you choose a name that directly describes your product – that may be good for marketing, but May legally hinder youA descriptive mark is considered weak, and cannot always be registered as a trademark.
To build a brand that can be protected:
- Look for uniqueness
- Avoid general words or generic descriptions.
- Check the registration chances in advance
- And if in doubt – consult before you invest in branding.
Choosing a smart trademark is not just a legal matter, but a strategic decision that can accompany you for years to come.
