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What is descriptiveness?

Founder & Trademark Attorney

In trademark law, descriptiveness refers to a mark that merely describes the goods or services it is used with, rather than identifying their source. "Yoga House" for a yoga studio or "HairPro" for a hair salon are examples of descriptive marks.

Descriptive marks are refused registration because they do not function as source identifiers; they simply describe what is being offered. Competitors need to be able to use descriptive terms freely, so no single business can claim exclusive rights to them.

The exception is acquired distinctiveness: if a descriptive mark has been used extensively over time and consumers have come to associate it with a specific business, the IP office may register it despite its descriptive nature. This requires substantial evidence of use.

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