What Makes a Good Trade Mark?
A good trade mark is: • Distinctive, memorable, unusual, allusive e.g. KODAK for cameras, PENGUIN for biscuits (not for ornithological services!) APPLETISE for apple drinks, or AVIVA for insurance services. • Linguistically acceptable within the relevant geographical market e.g. NOVA for cars is a good trade mark in English- speaking countries but not in Spain where it means does not go! • Not in conflict with another trader’s rights e.g. RAJAMAMA could not be registered in the face of the restaurant chain WAGAMAMA A good trade mark is not: • Descriptive (including geographically), offensive or deceptive, e.g. DOUBLEMINT for chewing gum, DEATH for cigarettes or NAPA VALLEY for German wines • One which has become generic with use, e.g. escalator. These are generally associated with a novel product, usually protected by patent. Care needs to be taken when such products are introduced to the market and afterwards.
