Brand Haven | Lawyer & law firm

Brand Haven

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24.01.2022 Unique or Descriptive Brands - Which are Better? Descriptive brands are sometimes preferred over unique/distinctive brands because they immediately inform customers of the nature or some feature of the products (or services). Descriptive brands would include: CHUNKY CHEESE (for cheese-flavoured salad dressing); SHARP (for televisions); DIGITAL (for computers); and WINDOWS (for 'windowing software'). Unique brands, however, are more likely to fix in the recollection of custo...mers and be distinguishable from other traders' brands. Examples would include: BILLABONG (for clothing); AMAZON (for retail services); and Google (for an online search engine). Descriptive brands are much harder (sometimes almost impossible) to register - as trade marks - because trade mark laws say that descriptive terms should be available for use by anyone. In order to achieve registration of a descriptive mark, it is generally necessary to provide the Trade Marks Office with evidence of use( and acquired reputation) to show that the trade mark has become associated with that particular trader. Unique brands are typically much easier (and cheaper) to register. However, it may take longer for customers to become aware of what the brand stands for. Often the best and most effective trade marks are those which 'allude to' a feature of the relevant products or services, without being directly descriptive of such goods. These 'allusive' trade marks have the benefit of conveying to customers a message about the products/services, whilst still being registrable. Examples of such 'allusive' trade marks include: MyHouse (for bedding products and related retail services); TURBO TENT (for fast-erecting tents); EMBELLISH (for decorative hats and jewellery); SURFIVAL (for a surfing survival kit); and AIR-POT (for ventilated plant pots). When brainstorming a potential new brand, it can be useful to keep the above considerations in mind. See more

10.01.2022 The Power of a Strong Brand. Tennent's Lager is a very popular beer in Scotland (and beyond). Its branding is a standout - having the essential ingredients of simplicity, distinctiveness and consistency. It is eye-catching and immediately recognisable. As a judge once said in an old trade mark case - 'Thirsty folk want beer, not explanations!' (Lord MacNaghten in Montgomery v Thompson (1891) - if you're interested).