In order for a trade mark to be registrable it must be
distinctive and capable of distinguishing one party's products
from those of other parties operating in a similar field of trade.
Ideally trade marks should not be descriptive of the goods they
apply to, or of the inherent qualities or characteristics of the
goods. What we often see, particularly in the alcohol industry, is,
for example, certain ciders, named after the variety of apple used
to make the cider itself. The question is: is such name considered
distinctive or descriptive?
Disclaimer: the examples used in this article are purely for
illustration purposes, and for purposes of research and
study.
The Katy apple is a Swedish dessert apple variety, not so
commonly used to make cider, but which has fairly recently been
recognised by cider makers as an interesting varietal to be used in
cider making. Thatchers, a renowned cider maker in the UK, grows
about 460 different apple varieties at its orchards,
