Can you trademark a descriptive name? Sometimes, but rarely as a plain word mark on day one. If your business name simply describes what you sell, the UK Intellectual Property Office (IPO) will usually raise an objection at examination, because the law keeps ordinary descriptive words free for every trader to use. That isn’t the end of it, though. There are recognised routes to protecting a descriptive brand, and which one suits you depends on how established the business is and what the name actually says.
Descriptiveness is one of the first hurdles at examination, and one of the first things we check before filing a UK trademark application for a client. I’ll start with the basics, then the options, then what it means for you.
Why is it hard to trademark a descriptive name?
Because the law lets the IPO refuse a name that simply describes the goods or services, or has no distinctive character. The starting point is section 3 of the Trade Marks Act 1994, which lists the absolute grounds for refusal, reasons a mark can be turned down on its own merits. Two of them matter here. A mark can be refused if it is devoid of any distinctive character, and it can be refused if it consists exclusively of words that describe the kind, quality, purpose, value or geographical origin of the goods or services, or other characteristics of them.
Government guidance on what you can and cannot register gives a neat example: “Apple” can’t be registered by a company selling apples, but it could be used by a computer company.
A simple example is a name like “Manchester Burger Place”. It tells you where the business is and what it sells, and nothing in it points to one business rather than any other burger restaurant in Manchester. If one trader could own those words, every competitor would be restricted in describing their own food.
None of this means a descriptive name is a bad business decision. Descriptive names can be great for marketing because they tell a customer instantly what you do. They just don’t work well as word mark applications, most of the time.
How does a business like We Buy Any Car have a trademark?
It registered a logo first and the plain words later, once the name had become distinctive through use. “We buy any car” is about as descriptive as a name for a car-buying service can get, which makes it a useful precedent. The route they took is the one I’d consider for most businesses in that position.
According to a 2011 WIPO domain name decision, the business held UK registrations from 2007 for WEBUYANYCAR.COM in a stylised form with colour and a device, in other words a logo. The plain word mark came later. A 2013 WIPO decision records that the word mark WEBUYANYCAR was filed in March 2010 and registered in December 2012 in class 35 on the basis of distinctiveness acquired through use. The same decision notes advertising spend of between £13 million and £16 million a year from 2010 to 2012.
So the order was logo first, then the words once the name had become a brand in the public’s mind. Most small businesses won’t have that sort of budget, but the principle scales down.
Route one: can you trademark a logo that contains the name?
For most businesses with a descriptive name, the easiest way to get protection is to register a logo that includes the name. The catch is that the logo needs to be distinctive in its own right. It can’t just be your name with a circle around it.
The IPO’s examination guide sets out how examiners look at this. They consider the presentation, how descriptive the words are and how the two interact. The more the words read as a plain description of the product, the less likely minor stylisation will change how the mark is seen. The distinctive element also has to be large enough to be noticed. And a picture that simply shows the product or service, a car for car services or a house for an estate agency, tends to reinforce the descriptive message rather than rescue it.
What does a logo registration protect?
It’s worth being clear about this before filing. A logo registration protects the logo as a whole. It won’t give you the same level of protection for the name as a word mark would, and it doesn’t hand you exclusive rights over the descriptive words themselves. Section 11 of the Act also allows other traders to use descriptive indications about their goods or services, provided they do so in accordance with honest practices.
What it does give you is a registered right in the brand as your customers actually see it, the right to use the ® symbol next to that logo, and a footing to act if someone copies the look of your branding. If the aim is to reduce the risk of a forced rebrand later, I think it’s an excellent option, provided the searching has been done first.
If a logo is the right place to start, our team can help with registering your logo as a trademark, alongside any other parts of the brand worth protecting.
Route two: does adding something distinctive to the name help?
Sometimes the answer sits in the words themselves. Descriptive words combined with something distinctive can be registrable, because the mark is then judged as a whole. The examination guide gives the example of FIRST NATIONAL BANK: each word on its own is ordinary, but the combination doesn’t describe the services, so it can be acceptable.
A small change at the naming stage can be the difference between an objection and an acceptance, and it is far cheaper to make before launch than after.
Route three: can an established brand rely on acquired distinctiveness?
Section 3 has a proviso. A descriptive or non-distinctive mark will not be refused on those grounds if, before the date of application, it has in fact acquired a distinctive character through the use made of it. Put simply, you prove the name is so well known in your sector that the public sees it as your brand.
It can be hard to prove. The IPO usually expects a witness statement from a senior person in the business, with exhibits. Examiners look at factors such as market share, how long and how widely the mark has been used, how much has been invested in promoting it, and how much of the relevant public identifies it with you. In practice that means evidence like marketing spend, turnover, the number of clients you have and where they are based. Customers spread across the country carry far more weight than customers in one small town. The evidence has to show use before the filing date.
Although it can be difficult, it has proven successful for a lot of my clients. My colleague Alex Pugh has written a detailed guide to acquired distinctiveness and how it can help you register a trademark, including the kind of evidence that tends to persuade an examiner.
What if the IPO has already objected to your name?
An objection isn’t the end of the road. The IPO sends an examination report, and GOV.UK guidance explains you then have two months to resolve any objections. The examination guide says the first step is to discuss the objection with the examiner, by phone or in writing.
If that doesn’t resolve it, you can ask for a hearing. Hearings are normally held by telephone, can also be held by video or in person at the IPO’s Newport office, and there is no charge. A hearing officer considers the arguments and decides whether the objection stands. Deleting or limiting some of the goods and services can also help, but a disclaimer won’t overcome a descriptiveness objection.
What does this mean for your business?
When someone comes to me with a descriptive name, I want to understand the business before giving a view: what you sell, where your customers are, how long you’ve traded under the name, and where you see the business in three to five years. From there I can set out what can be protected, what can’t, and what is worth protecting first.
There are two sides of the coin with trademarks. It’s much easier to put a stop to anyone using similar branding with a trademark in place. The other side is that a trademark prevents it happening to you.
With a descriptive name, both sides need more thought. Your protection is likely to be narrower, so what you do register has to be the right thing. And because descriptive names attract similar names, checking the register before you file is time well spent.
A good first step is our free trademark search, which checks your name against the UK register. If you’d like to know which parts of your brand can realistically be protected, our trademark consultation and clearance audit will test whether your mark is distinctive enough before any official fees are paid. Consultations are free for new clients. You can book a free call, ring me on 0161 833 5400 or email enquiries@thetrademarkhelpline.com. My inbox is always open too.
Related questions
- What are trademark classes, and which ones do I need?
- Can I register a trademark myself, or do I need an attorney?
- Can someone steal my business name?
- Can someone trademark a name I’m already using and force me to stop?
This article is for information purposes only and does not constitute trademark advice or guidance. Last reviewed 25 September 2026. First shared as a LinkedIn post.
Questions about this
Why does the IPO object to descriptive business names?
Because the law keeps ordinary descriptive words free for every trader to use. Section 3 of the Trade Marks Act 1994 allows the IPO to refuse a mark that has no distinctive character or consists only of words describing the kind, quality, purpose, value or geographical origin of the goods or services. A name like Manchester Burger Place says where the business is and what it sells, but nothing points to one business over another.
Answered by Matthew Griffiths, Commercial DirectorHow did We Buy Any Car get a trademark for such a descriptive name?
It registered a logo first and the plain words later. WIPO decisions record UK registrations from 2007 for WEBUYANYCAR.COM in a stylised form with colour and a device. The word mark WEBUYANYCAR was filed in March 2010 and registered in December 2012 in class 35, on the basis of distinctiveness acquired through use, supported by advertising spend of between £13 million and £16 million a year.
Answered by Matthew Griffiths, Commercial DirectorCan I protect a descriptive name by registering it as a logo?
Often, yes, and it is usually the easiest route. The logo has to be distinctive in its own right, so the name with a circle around it will not do, and a picture of the product tends to reinforce the descriptive message. A logo registration protects the logo as a whole rather than the descriptive words themselves, but it gives you a registered right, the ® symbol and a footing against copycats.
Answered by Matthew Griffiths, Commercial Director
