It is not unusual for a company to develop a trademark that contains references to its product or service. However, in order to be protected, trademarks must not contain an inherently intelligible description of the essential characteristics of those goods or services. So what might these characteristics comprise?
Designations that describe products or services in some way are not classed as distinctive, as is well known, and therefore cannot be registered as a trademark. However, it is possible to overcome this obstacle to protection – provided the designation has acquired distinctive character before it is registered. What exactly must be done to achieve protectability from a trademark through use?
Under what conditions can descriptive elements such as FAIR in a composite sustainability brand give rise to a likelihood of confusion?