Any company can opt to use a weak mark that directly highlights the special characteristics of its products or services, though such a mark may well be denied registration, because it is considered merely descriptive of products or services. But if it does make it into the trade mark register, it cannot be denied protection altogether. So is it worth taking the chance and investing in weak brands?
In practice, trademark development is often carried out without due regard to the legally relevant criteria used to judge the likelihood of confusion with prior marks. This frequently leads to great disappointment and not infrequently to considerable damage. This is reason enough to take a brief look at some of these aspects.
Eco-brands often consist of several elements that are immediately recognisable. However, one should be wary of relying solely on such a combination. Further steps may well be necessary so the brand does not hit the rocks at a later date.
‘Biogena Naturprodukte’, an Austrian manufacturer of dietary supplements, had the slogan ‘ZUM wohl’ for foodstuffs registered as an Austrian organic brand. However, the Court of First Instance of the European Union denied the sign protection as a Union trade mark.