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?
Consumers encounter logos in the form of quality seals in advertising and on product labels on a day-to-day basis. The function of such logos is to inform potential consumers about the beneficial properties of the products. These logos are so widespread that the consumer may not always be able to identify their intended meaning. Despite this, can these logos be safely used as long as they keep their promise and the products are in fact beneficial?
A sign that directly and immediately indicates a particular feature of a product cannot be used as a trademark. However, could a sign be designed to communicate something more by simply adding a graphic?