The dangers of descriptive trade marks

What you need to know

• Brand owners can sometimes be tempted to seek trade mark registration for brands that include 'descriptive elements', being those that describe the goods or services for which protection is sought.
• A recent decision of the Australian Trade Marks Office demonstrates the risks in taking this approach, as a descriptive trade mark can be difficult to enforce against third parties.
• Australian brand owners should exercise caution when seeking to register marks that incorporate descriptive elements, and should focus on investing in marks that distinguish their goods and services from those of other traders.