2

The trademark "TEXT TO BUY" is descriptive and non distinctive trademark. It is descriptive for an obvious reason: it exactly describes the service it is a trademark for. It is a service "to buy" and it works by texting something.

Moreover, it is non distinctive as well. Even in 2003, people already bought things (ringtones for instance) by texting a message.

This trademark is registered as a European trademark.

So how to register such a trademark that is descriptive and non distinctive? The OHIM website is unclear about how to do this. It just says that for registration it should not be descriptive and needs to be distinctive.

That is not the question. Trademarks such as "TEXT TO BUY" can be registered and are registred. It is not clear how to do that since the possibilities to register a trademark are only described for distinctive and non descriptive trademarks.

  • I see no reason to suppose it is possible to register legally nondistinctive marks. You missed two possibilities: the EU trademark office made a mistake, or the EU trademark office has a different definition of "distinctive" than you do. – cpast Jul 19 '15 at 0:22
  • @cpast: My question above is "How to register a descriptive European trademark?". Your comment is just about being non distinctive. The definition of descriptive is clearly described on the OHIM site and I applied it in the explanation of my question. – Daan Jul 19 '15 at 0:39
  • No, your question was "So how to register such a trademark that is descriptive and non distinctive?" (emphasis added) – cpast Jul 19 '15 at 0:56
  • @cpast: I used the title to describe the essence of my post (this is common as far as I know). But you do have a point when it comes to "distinctive". The "descriptive" part is my main point. – Daan Jul 19 '15 at 1:22

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.