Type Of Characteristic That Descriptive Marks Should Describe To Be Irregistrable

Article 135, paragraph e) of Decision 486, Industrial Property Common Regime, establishes that may not be registered as trademarks those marks which consist exclusively of a sign or statement that may serve in commerce to describe the quality, quantity, purpose, value, geographic origin, time of production or other data, characteristics or information concerning the goods or services for which the sign or indication is to be used, including laudatory expressions for those goods or services.

The marks to which Article 135, paragraph e) of Decision 486 refers are the so-called descriptive marks.

The descriptive denomination informs directly of the characteristics of the good or service. (FERNÁNDEZ-NOVOA, Carlos. Tratado sobre Derecho de Marcas. Madrid: Marcial Pons, 2001. Pag.132)