To be registrable, trade marks must be distinctive for the goods and services you provide. A registered trade mark must allow consumers to differentiate your goods or service from another company’s.
For this reason, made up words are generally acceptable as trade marks. Real examples are:
Examiners will also accept word marks involving known names, if none similar have already been registered, such as
- Fortnum & Mason
- Wayne’s Patisserie
- Shakespeare shipping
Also, common words used in unfamiliar ways:
- Snail Plumbing
- Air Publishing
- Salt CDs
What is not allowed as a registered trade mark?
Trade mark applications will be refused if the trade mark describes your goods or services or any characteristics of them:
- Leather Handbags
- Japanese Plates
- Cheaper Flooring
Examiners will also refuse to register trade marks which are made up of descriptions customary in your line of business:
- Tastes Great Chocolate
- Built To Last Beds
- Taxis Direct
Trying to get around the distinctiveness or common phrase barrier by intentional misspelling does not work:
- Klever Klene
- Supa Food
Your trade mark application will also be turned down if it includes offensive words or images; is against the law in any way e.g. promoting illegal activities; or is deceptive – attempting to persuade the public that your goods and services have a quality which they do not.