Distinctiveness

Your brand must stand out in the market, and cannot describe your product. This is a requirement for a trademark to be registered, and is called distinctive character.

What is meant by distinctiveness?

Trademarks serve as a guarantee that the goods and services come from one particular manufacturer or supplier. It is therefore a requirement that the trademark enable the customer to identify the product in a purchasing situation. 

You are therefore not able to register a completely general advertising statement such as "WE MAKE THE JOB CHEAPER", or a simple figure that will only be perceived as decoration on a product. Such a slogan or such a figure will not be perceived as a guarantee that the goods or services come from one particular manufacturer or supplier, and therefore lack distinctive character. 

Examples of registered trademarks

Word marks, figurative marks and combined marks are the most common types of trademarks. Here are some examples of registered trademarks that all have distinctive characteristics.

KAHOOT written in black block letters on a light background. Example of word mark.

Kahoot

Wordmark. Registration number 273363

Logo for Gjensidige without text showing the silhouette of a person with a lantern. Example of a figure mark.

Gjensidige

Figuartive mark. Registration number 269199

Logo for Komplett showing a yellow geometric figure with a piece taken out, together with the text KOMPLETT written in blue block letters next to it. Example of combined brand.

Komplett

Combined mark. Registration number 275947

Descriptive marks

The Trademarks Act also prevents the registration of descriptive marks. This includes marks which, for example, describe the nature, properties, purpose or place of production of the products.

The reason why descriptive marks cannot be registered is twofold. Firstly, descriptive marks will only be perceived as information about the products and not as one provider's characteristic, and therefore they lack distinctive character. It would also be unreasonable for others if someone were given a monopoly on a word that is purely descriptive. If, for example, one coffee producer had obtained exclusive rights to the word "coffee", this would be unfair to other coffee producers. 

Go to the trademark act at Lovdata

Examples of names and logos that lack distinctiveness or are descriptive

Oslo Rørlegger written in black on a light background.

Oslo Rørlegger

The name is not distinctive. There are several plumbing companies in Oslo that must market themselves as plumbers.

(Fictitious brand)

MØRKBRENT KAFFE written in block letters on a brown paper bag.

Dark Roast Coffee

The name is descriptive as it consists of words that describe what the product is. Anyone who sells coffee must be allowed to use the words dark roast and coffee in combination or separately.

(Fictitious brand)

YOU DESIGN. WE DELIVER. written in black block letters on a light background.

You design. We deliver.

This slogan is not distinctive. The phrase is descriptive of what the design agency delivers, and they cannot claim that this is unique.
(Application No. 201600998)

Distinctive character for different trademark types

Basically, all kinds of signs can be registered as trademarks. Some examples are:

  • Word
  • Logos
  • Figurative marks
  • Packaging
  • Colors
  • Audio and multimedia sequences

The distinctiveness assessment is the same for all trademark types – that the trademark must stand out in the market, and not describe the products. 

The type of brand can influence the perception of distinctiveness

Although the distinctiveness assessment is basically the same for all trademark types, the trademark type will still have an impact on whether the trademark will be perceived as distinctive. 

It is possible to register a pure color or a combination of several colors as a trademark. For example, in theory, it is possible to get an exclusive right to completely pink beer cans. However, consumers are not used to perceiving colors as trademarks, and the color will only be perceived as an aesthetic choice, and not as someone's special characteristic. In order to obtain exclusive rights to a color trademark, it must usually be documented that you have incorporated the color as your special characteristic by use. 

A word or a logo, on the other hand, is easier to get registered, because the consumer is used to perceiving words and logos as trademarks.

Designer drafts logo on his computer

More examples of distinctiveness

Here are examples of marks with and without distinctiveness as an illustration of what the Norwegian Industrial Property Office can and cannot register as trademarks.

SWIX written in black block letters on a light background. Example of a name with a distinctive character.

Swix wordmark

The word SWIX has no meaning. It does not describe the goods, and we believe it is well suited to be perceived as someone's distinctive characteristic.

Wordmark. Has distinctive character. Reg. no. 282487

a figure of a man with a hat and beard, holding an ax over his shoulder in one hand and a burger in the other. Underneath the figure, Burger shack is written in block letters, and the combination gives a distinctive character to the whole.

Burger Shack

The figure together with the name makes the mark as a whole distinctive. The name itself can be perceived as purely descriptive within the restaurant industry as it can be translated as "burger stall". The name then lacks distinctiveness. The logo element above the text, a lumberjack eating a burger, will be perceived as someone's special characteristic.

Combined mark. Has distinctiveness. Reg. no. 317336

Logo for DAILIES showing a figure of a drop in several shades of blue, with the text DAILIES written in white block letters next to it. Example of a combination of figure and text that does not give a distinctive character to the whole.

Dailies

The mark DAILIES is perceived as descriptive and lacks distinctiveness. The word will immediately be perceived as information that the contact lenses are daily lenses or are intended to be replaced daily. The drop figure will be perceived as descriptive information that the contact lenses are moist or keep the eye moist. The blue background is purely decorative and does not add distinctiveness to the whole.

Has no distinctiveness. Case no. 202007660.

The H. Lundbeck mark, a geometric figure filled with a ring-shaped pattern in shades of blue, lacks distinctiveness.

H-Lundbeck

This mark will be perceived as something purely decorative and aesthetic when used on the goods, which in this case are pharmaceutical products. The consumer will not perceive the mark as a guarantee that the goods come from one specific actor.

Lacks distinctiveness. Case no. 201708835

The Apple brand, a black apple with a bite taken out of it, is distinctive.

Apple

This apple logo says nothing about the goods, and is well suited to be perceived as a characteristic that designates one specific actor.

If the mark had been applied for for apples, the mark would probably not be distinctive.

Figurative mark. Has soap mark. Reg, no. 1378087

The Laurent Perrier brand, a dark red square with no figure or text, lacks distinctiveness.

Laurent Perrier

Colour black for "beer". If you see a black beer can in a purchasing situation, you will only think that this is the colour of the can, and not a trademark. The mark therefore lacks distinctiveness.

For competitive reasons, there is also a need to keep colours free for everyone, and not give individual actors exclusive rights to certain colours.

Lacks distinctiveness. Case no. 200305375

Is it possible to register a trademark that lacks distinctive character?

If a trademark application is rejected because the mark lacks distinctive character, this is not the end of the story, necessarily. A trademark that lacks distinctive character can be registered if you can document that the trademark has been incorporated into the market. By "incorporated" is meant that the trademark is well known as someone's special characteristic. 

However, it often takes a lot to incorporate a trademark that lacks distinctive character. 

Other requirements for trademarks

What do you wish to do?

We are happy to help you in the process

Get an overview of the possibilities available to you, and how you should proceed to apply for a trademark registration. Experts at the Norwegian Industrial Property Office have extensive experience and know what you should think about.

Contact our Customer Service Centre

Learn from others

Read more customer stories
Read more about Cheese slicer for 100 years
Cheese slicer for brown cheese in stainless steel, designed by Thor Bjørklund, lying on a dark wooden table.
  • Customer stories
  • News
  • Patent

Cheese slicer for 100 years

Not all Norwegian inventions are still in production and relatively unchanged 100 years after they were patented. Thor Bjørklund's invention from 1925, "Knife for cutting cheese", is one of them.

Published on 27. february 2025

Read more about Ocean Visuals ensures global competitiveness with a smart IP strategy
Ocean Visuals sensor mounted on the railing of a marine vessel.
  • Customer stories
  • Patent
  • Trademark

Ocean Visuals ensures global competitiveness with a smart IP strategy

Innovation, protection and strategic growth – these are the core of Ocean Visuals' success story. With an advanced sensor that can detect oil in water in real time, the company has set a new standard in the fight against pollution. But to maintain its unique position in the market, they have invested heavily in protecting their technology internationally.

Published on 13. february 2025