A recent decision has highlighted the challenges associated with enforcing trade marks that incorporate descriptive language. The case involved EasyGroup's claims against bathroom retailer Cubico over its use of the EASY BATHROOMS brand, with the court finding only a low degree of similarity between the parties' marks and dismissing the infringement claims.
The ruling serves as a reminder that businesses may face difficulties enforcing rights in trade marks that have a low degree of inherent distinctiveness, even where those brands have built up substantial goodwill and reputation over time.
Commenting on the decision in World Trademark Review, Mike Shaw discusses the balance between selecting a brand that immediately communicates the nature of a product or service and choosing one that is capable of strong legal protection. He highlights how highly distinctive brands are typically easier to enforce, while descriptive signs can be more vulnerable to third-party use and dilution.
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