One of the main requirements for a successful trade mark application- is that a trade mark is distinctive. A lack of distinctiveness can cause a problem for your trade mark application.
A limitation of a trade mark application is that it is extremely subjective. However, an IPO examiner may see your mark to be descriptive of the goods and services that your brand has to offer. For example: if you are looking the trade mark the words Harrys Key Cutting- then this is evidently descriptive if your company also specialises in Key Cutting services.
There is, however, a saving grace for those that have been registered for a number of years and have a good reputation in their area.
These trade mark owners can apply for a trade mark using acquired distinctiveness. This is where you can prove that that mark and business is distinctive and highly reputable in the field. This means it can be differentiated from a previously descriptive trade mark.
The average amount of years that you need to be trading under is 5 years. This means that you have been trading for a substantial amount of years for acquired distinctiveness to be relevant for your mark. Less than this, your mark has less of a change of succeeding in the application.
If you have been trading for a number of years and wish to apply for a trade mark through acquired distinctness, please don’t hesitate to contact the Trademarkroom team today.
Anna Orchard
