When assessing whether a trademark can be registered, trademark offices typically look at several factors, including:
Similarity: A trademark that is identical or similar to an existing registered trademark or a trademark for which an application has been made may not be registered, as it could create confusion among consumers.
Descriptiveness: Trademarks that describe the goods or services they represent (e.g. “Red Apple” for apples) are generally not registrable, as they are considered too generic or descriptive.
Deception or confusion: Marks that would likely deceive or cause confusion among consumers (e.g. by falsely suggesting a connection with another company) may not be registered.
Offensiveness: Trademarks that are considered offensive or contrary to public policy or morality may also be refused registration.
Geographical names, common names, common trade words and common abbreviations: These types of marks are generally considered too generic or descriptive to be registered as trademarks, as they do not serve as a unique identifier of the source of the goods or services.
It’s worth noting that the specific criteria for registrability can vary by jurisdiction, so it’s important to consult with a trademark lawyer or agent who is familiar with the rules and procedures in the relevant country or region.