The most common mistake when choosing a trade mark name is that the name primarily describes what the product or service is, rather than distinguishing who it comes from. Think of 'Quick Installation' for an installation company or 'Fresh Flowers' for a florist. Such names lack what trade mark law calls distinctive character, and the BOIP or EUIPO may refuse the application for this reason — even if no other business has yet registered that same name.
That is precisely the difficulty: a conflict search against existing registers does not help here. That search shows whether someone else has already registered a similar name, but an overly descriptive name is not refused because it resembles another. It is refused because it is not suitable as a trade mark in itself, regardless of who else is active. This is called an absolute ground for refusal, and it stands apart from the question of whether there is a conflict with an existing trade mark.
Why a descriptive name fails
The principle of trade mark law is that a trade mark indicates the origin of a product or service: it tells the consumer which business something comes from. A name that simply describes the property, quality or type of the product does not do that — every competitor would equally want to use it to describe their own offering. For this reason, the examiners at the BOIP and EUIPO assess whether the average consumer reads the name primarily as a description of the product, or as an indication of a specific supplier.
This is not about the applicant's intention, but about how the name comes across in combination with the classes for which it is filed. The same name may be entirely distinctive for one class and plainly descriptive for another. 'Apple' says nothing about computers, but would be a different matter for a fruit grower. This link between name and class is precisely why investigating on a case-by-case basis what is feasible yields more than choosing a name and hoping for the best afterwards.
How to recognise this early
A useful rule of thumb is to ask whether a competitor might need the same term to describe their own product or service. If so, there is a real risk that the name will be seen as descriptive. Names that refer to a made-up word, a personal name, or an unexpected combination are generally stronger than names that literally tell you what is being sold.
This does not mean that a descriptive element is necessarily a problem. Many strong trade marks do contain a descriptive word, combined with something distinctive: a logo, a made-up addition, an unusual spelling. The question is always whether the whole, as filed, differs sufficiently from what the sector normally uses to name the product. You can gain an initial impression by testing the name against a few questions to see where you stand, before time and money are invested in the application.
What a refusal means in practice
If an application is rejected on this ground, you are generally still liable for the fees you have paid to the BOIP or EUIPO. This is not a penalty, but the result of how the procedure works: the office has examined the application on its merits, and that examination costs money, regardless of the outcome. An objection may be lodged against a refusal, but this is a legal procedure with its own arguments and evidence, and you do not handle it yourself via a guided application. In such a case, the file is transferred to a trade mark attorney, who can assess the case on its merits and, if feasible, pursue it.
Preventing this error therefore does not start with filing, but with devising the name itself. A name that clearly has its own character compared to what is common in the sector stands considerably stronger than a name that mainly describes what is being sold. Where exactly that line lies cannot be captured with a simple rule — it depends on the classes, the sector and how an average consumer would read the name. Read more about how this assessment is made and where the information comes from on the page about how the process is structured.
Are you unsure whether your name is too close to a description, or do you simply want to know where you stand with your current name before you proceed? The quick scan is free and gives you a first indication within a few minutes, without needing to create an account.