In legal terms, the concept of a descriptive trademark refers to the use of a brand name that, according to intellectual property law, exclusively and necessarily designates a product or service in everyday or professional language. A trademark deemed descriptive cannot benefit from intellectual property protection, as this would limit competitors’ ability to use the descriptive term or expression. Indeed, preventing a trademark from being distinctive is a way to guarantee free and fair competition.

To avoid any risk of invalidity challenges, it is essential that a trademark be distinctive and not descriptive. It is important to clearly distinguish between the concept of a descriptive trademark and that of a distinctive trademark. For example, the Vente-privee.com trademark sparked several debates regarding its distinctiveness before finally being validated. A case illustrating the subtlety of the concept of a descriptive trademark is the legal commentary on the “Giant” trademark for a burger, demonstrating the complexity sometimes associated with this concept.