Frequently Asked Questions

Why should you avoid marks describing a functional feature?

When developing a trademark, it's crucial to avoid marks that describe a functional feature. A functional feature refers to an element that is so essential to the product or service that it cannot be considered unique to a specific brand. For instance, wheels are a fundamental part of a car's functionality, and therefore, they cannot be used as a trademark for a car model. The reason behind this is that trademarks are meant to distinguish your brand from others, not to describe the product or service you're offering. If a mark describes a functional feature, it fails to serve the purpose of a trademark, which is to identify the source of the goods or services. Moreover, using a functional feature as a trademark could potentially limit competition, which is against the principles of trademark law. If a company were allowed to trademark a functional feature, it could prevent other companies from using that feature, even if it's essential to the product or service they offer.