Acceptance and refusal of trademarks

The most important reasons for the refusal of trademarks are: 

1. The trademark is descriptive.  A trademark is descriptive when it consists of a word that describes the product or the service, or characteristics thereof, or promotes these. A trademark can also be descriptive when it consists of a simple device that reflects the product or the service. 

   Example	Trademarks that are refused	Trademarks that are accepted
   A trademark application for ‘bicycles’:	Super-fast  Attractive  Bicycle  Or: an image of a bicycle	Pavement  Banana  Lama JanBike Brams Bikes

   N.B.: ‘Words’ here does not always refer to words that provide a literal description! Abbreviations are also considered when determining whether something is ‘descriptive’. For instance, the trademark 'medi' is not listed in the dictionary as a common abbreviation for 'medical'. All the same, it is a common designation that consumers will understand right away as describing ‘something in the medical field’. That therefore makes it a descriptive trademark, so this sort of trademark can also be refused.  

2. The trademark lacks distinctive character. A trademark distinguishes the products and services of one company from those of others. If a trademark is not distinctive, the average consumer cannot identify it as originating from a particular company. Consequently, therefore, it cannot be a trademark. Below are some examples of trademarks that are lacking in distinctive character and which would therefore be refused. A descriptive trademark lacks distinctive character by definition. Attempts are sometimes made to give such a trademark distinctive character all the same by adding a figurative device or a colour or a shape, for instance, but this is still not always sufficient to be able to register the trademark. Some examples of this are also included below.
   
   Examples of a lack of distinctive character:

   Descriptive trademarks	‘Certified window cleaner (cwc)’ for window cleaning services.   This trademark describes the service for which the applicants seek trademark registration. Adding the abbreviation (cwc) is insufficient to render the trademark distinctive as a whole.
   Additions: .nl , .be of .com of @-teken	Adding top-level domain designations or the @-sign does not render the trademark distinctive as a whole.
   Figurative devices	The symbol depicting male/female, without anything further added, for cosmetic products: The symbol depicting fragile for packaging:
   Colours	The colour green for biological food products.
   Promotional slogan	The slogan ‘We are the best!’ for services.
   Shapes	The simple shape of a wine bottle, without anything further added, for wines.
   Figures	A simple hexagonal outline around a word:

Other reasons for the refusal of trademarks are: 

1. The mark is deceptive. Example: We cannot register a logo clearly depicting coffee as a trademark for something else (such as tea or sedatives), as it could mislead consumers. 
2. The mark is a flag, armorial bearings or other official emblem of a State or international organisation, which is protected pursuant to Article 6ter of the Paris Convention. Such trademarks can only be entered in the Trademarks Register with the permission of the relevant State or organisation. Example: A trademark containing the European flag, or parts thereof. 
3. Trademark law is intended to protect marks which can be used to distinguish the products and services of one company from those of others. Trademark law is not intended to protect marks that should in fact be protected under other intellectual property laws, such as patent or design law. Example:  In general, consumers consider the shape of a chair or lamp to be a design, rather than a trademark, i.e., a mark that indicates the source of the chair or lamp. The law frames this as follows: the shape or another characteristic of a product, such as a sound, cannot be a trademark if it (1) is defined by the nature of the goods, (2) gives a substantial value to the goods, or (3) is necessary to obtain a technical result. In many cases, such a shape or characteristic also lacks distinctive character. 
4. The mark is contrary to morality or public order. 
5. The mark corresponds to a protected geographical indication, a traditional designation for wine, or a guaranteed traditional speciality. 

6. The mark consists of or is very similar to an older protected denomination for a plant variety.  

A court of law may also rule that a previously registered trademark is invalid on the above grounds. In that case, it declares the registration null and void.