Spoonfeed: About Distinctive Character (of a trademark)
1. This is just a quick post on the concept of "distinctive character" re trademarks and is targeted at non-IP practitioners. 2. Recently, Booking.com appeared before the Supreme Court to argue that it should be allowed to obtain a trademark registration for " booking.com ". It befuddles me, somewhat, that many brands choose to adopt very generic and descriptive names as their brands/trademarks. 3. I can see the advantages of doing so, in the sense that a very generic and descriptive name leaves no doubt as to the function/nature of the goods/services being offered. For example, I am left in no doubt as to the nature of a product labelled " Tasty Salt and Vinegar Chips " which I find in the supermarket. Likewise, the meaning of " booking.com " is so clear to a consumer that they would immediately understand the nature of the services being offered on the website (i.e. that the website is to " book " things). 4. But herein...