n Without Prejudice - Descriptive v suggestive : intellectual property




A trade mark can be of great value to the owner; not only does registration grant the owner the exclusive right to use the mark but the mark can be a financial asset (as it can be sold in the future). It is important, therefore, to ensure that the trade mark conforms to all the requirements for registration. More often than not, businesses are faced with situations where their marketing teams select a certain mark, only to discover that it is non-distinctive and falls short of being a trade mark. A distinction must be drawn between marks that are descriptive (and as such not inherently capable of trade mark protection) and those which merely suggest (thus qualifying for protection).


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