28/05/2026
🍔 Can descriptive terms function as trade marks?
Our latest blog explores the growing legal and commercial debate around the term “Smashburger” and whether it is too descriptive to qualify for trade mark protection.
The blog examines:
✔️ the distinction between descriptive and distinctive marks
✔️ why descriptiveness matters in trade mark registration and enforcement
✔️ how courts and registries assess consumer perception
✔️ what brand owners can learn when choosing names in competitive markets
For businesses in food, hospitality, and consumer brands, the case is a useful reminder that strong branding starts with selecting marks capable of protection from the outset.
Read our latest blog: tidmanlegal.com/smashburger-descriptive-trade-mark
Is "Smashburger" Too Descriptive for Trade Mark Protection? The restaurant industry thrives on memorable branding, but not every catchy business name qualifies for strong trade mark protection. The growing debate around the term "Smashburger" highlights a key issue in intellectual property law: when...