25 March 2010

Don't "Describe" Your Brand

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IPFrontline has published an excellent article about brand enforcement. It warns against describing your brand in your marketing blurb. One of the examples given is the way in which Firefly Digital described its brand as being "descriptive of our products on many levels...". This is a dangerous admission and is sure to be used by Google as it defends a trade mark infringement lawsuit brought against it by Firefly. Read it here: What Ever You Do, Don't 'Describe' Your Brand!

As the article points out, and as I emphasise in this article, the problem with describing your brand is that it undermines a claim of "inherent distinctiveness" which you may need to make when enforcing your registered trade mark or even when you are attempting to obtain valid trade mark registration.

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