Descriptive Trademarks: Why Less Is More
An often-overlooked challenge in brand development is the use of names or phrases that are too descriptive. While they might feel intuitive and attractive, such choices can seriously limit the ability to secure trademark protection. Unfortunately, many businesses only discover this after their application has been rejected — when changing course becomes more costly and complex.
Identifying this risk early allows brands to build a strong identity that’s not only engaging for customers but also eligible for legal protection from the start.
What’s the Problem with Descriptive Brand Names?
Say you want to register a clothing brand using phrases like:
“Great Choice”
“Light and Feminine”
“Sewed in Poland”
At first glance, they seem appealing — clear, positive, and on-brand. But from a legal perspective, they’re too generic or descriptive, meaning they simply describe the product or its qualities. That’s a red flag for trademark offices.
Why? Because words like these belong to the public domain — and no one can claim exclusive rights to them. Everyone in the market should be free to use terms like "light," "feminine," or "made in Poland" when describing their own products.
Even logos or graphics that simply show product information can be rejected if they don’t stand out or offer something unique.
Real-World Examples of Refused Trademarks (EU Cases)
Here are examples of trademarks that the EUIPO (EU Intellectual Property Office) refused to register:
A logo that meant “Made in Italy” – rejected as it describes origin.
A name that referred to a sporty lifestyle – too common in the fashion world.
The word “Ella” (Spanish for “she”) and its English counterpart – refused due to lack of distinctiveness.
Words that described fabric types or quality – not distinctive enough.
Similarly, phrases like “Italian Fashion,” “EASYWALK,” or “From the Designer” were also rejected. Why? Because they’re too descriptive and not legally ownable.
How to Make Your Brand Legally Strong
If your brand uses words or designs that simply describe your product, try one or more of these creative tweaks:
Add unique or abstract words that don’t directly describe the product
Use wordplay, puns, or coined terms
Include unusual styling or a memorable graphic element
Add your surname or the founder’s name
Combine words in unexpected ways
And always make sure your descriptive claims are truthful — don’t claim your shoes are “handmade in Italy” if they’re made elsewhere!
Everyday Words Aren’t Always Yours to Claim
Words like “super,” “extra,” “mega,” “pro,” and slang expressions (like the Polish “szama” for food) are part of common speech. These are considered generic or customary in trade and are difficult, if not impossible, to register.
Even big brands aren’t immune.
Example: In Poland, the word “rower” (bicycle) became generic after the success of a British brand, ROVER. Now, in Poland, the word belongs to the public, not the company.
Adidas also risked becoming a generic term for sports shoes — but protected its trademark in time to maintain exclusive rights.
Why Descriptive Names Feel Easy — But Hurt in the Long Run
Descriptive names are tempting — they’re clear, simple, and often feel “right.” But legally, they’re a trap. They’re hard to protect, easy to copy, and offer little in terms of brand uniqueness.
To stand out and get legal protection, think more creatively:
Choose names that suggest or evoke qualities, without directly stating them.
Go abstract but keep it meaningful — like “IKEA”, which is made of the founder’s initials and hometown.
Try meaningful references from Latin, Greek, or another language — like ASICS, based on the Latin phrase “Anima Sana In Corpore Sano” (“A sound mind in a sound body”).
If you go abstract, do a quick language check to make sure your brand name doesn’t have unwanted meanings in other countries or slang.
Final Thoughts: Think Distinctive, Not Descriptive
Your brand is your identity. It’s how customers remember you and how you stand apart from competitors. So while it’s okay to describe what you do, don’t let that be your whole brand.
Create something original, protected, and truly yours. If you're unsure whether your brand name will pass the legal test, we’re here to help.
Need guidance? Let’s talk before you go live. It’s faster, cheaper, and safer to check first than to rebrand later.
Please be advised that I am a Polish attorney-at-law. Therefore, I render legal services mainly under Polish law.
However, since Poland is a member of the European Union, and the EU sets forth the legal framework for trademark and industrial design rights effective throughout the EU, I can also support you regarding those EU rights.
If you need legal services under any local law other than Polish law (for instance - Irish law, UK law, the US Federal’s or a particular state’s law), please be advised that only the lawyer qualified under the law of such particular jurisdiction (territory) will be suitable to provide you with accurate legal advice. I can help you find a lawyer or render consulting services for minor issues. However, I am not rendering legal services for law orders that are different from Polish and EU law.
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