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?
Certification marks, a concept introduced in the European Union on 1 October 2017, are intended in and of themselves, as a way to indicate the quality guarantee of a product. Attempting to do this – communicate the quality guarantee for a product – by using an individual trade mark instead, is a risky undertaking.