Should A Descriptive Word Be Allowed To Be Registered As A Trademark In Malaysia?

Introduction

Descriptive words are common words found in any ordinary dictionary¹. In the context of trademark, they refer to a term, phrase or expression that directly describes the goods or services the trademark represents. In other words, such descriptive words may convey information about the good or service itself, including its features, qualities or intended use. Descriptive word may be depicted on its own as a word trademark or depicted in combination with other components as a composite trademark.

For example, the words 'SURE LOC' describes the character of the goods viz 'a lock that will surely lock, hence safeguarding the things that have been locked'². The words 'PC FAIR' describes 'PC' related fairs³. The words 'MALAYSIAN INTERNATIONAL FURNITURE FAIR' describes the organisation and the conduct of furniture exhibition⁴.