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Why descriptive brand names get rejected, and how to fix them

“Best Fresh Juice” tells customers what you sell. That’s exactly the problem.

Written and reviewed by CS Prashant Kumar · Last reviewed 28 Oct 2026

The easiest names to remember are often the hardest to register. A name that directly describes your product, its quality or its origin is open to objection under section 9 of the Trade Marks Act.

The distinctiveness scale

  • Invented words are the strongest.
  • Arbitrary words, real words unrelated to the product, are strong.
  • Suggestive names that hint without describing usually pass.
  • Descriptive names need evidence of use.
  • Generic terms can’t be registered.

Fixes that work

Add a distinctive element, file a combined mark with a strong logo, or build evidence of use before filing for the word alone.

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