{"id":1715,"date":"2016-08-30T17:29:27","date_gmt":"2016-08-30T17:29:27","guid":{"rendered":"http:\/\/depot-de-marque.com\/?page_id=1715"},"modified":"2023-03-16T10:48:23","modified_gmt":"2023-03-16T09:48:23","slug":"distinctive-and-descriptive","status":"publish","type":"page","link":"https:\/\/depot-de-marque.com\/en\/guide-marques\/distinctivite-et-descriptivite\/","title":{"rendered":"Distinctiveness and descriptiveness"},"content":{"rendered":"

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Distinctiveness and descriptiveness<\/h1>\n

Among the conditions that must be met a trademark when it is registered<\/a>The requirement of distinctiveness: a trademark cannot be descriptive, otherwise the goods it designates could not be distinguished from those of the competition.<\/p>\n

What is a descriptive mark?<\/h2>\n

A descriptive mark does not allow to differentiate the product concerned from other competing products because it designates it by its common name, or by one of its essential qualities: these terms must remain available to all operators in a market. For example, the name \"Assiette\" cannot be used as a trademark for a company manufacturing plates. This example illustrates the direct link between the chosen name and the product; the trademark directly describes the product concerned. Similarly, the mark cannot consist of an essential characteristic of a product or service. For example, the expression \"cheap\" cannot be used to designate a brand of low-cost clothing, or the word \"sharp\" to designate knives. Finally, in the context of a figurative mark, the sign cannot directly represent the product concerned.<\/p>\n

These three categories of non-distinctive signs are specified in the intellectual property code, including Article L711-2<\/a> states that :<\/p>\n

\"Are devoid of distinctive character:<\/p>\n