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A brand name made of initials or numbers can be memorable, but it can also look like a code. Businesses often choose letters and numbers because they are short, easy to say and easy to remember, and they travel well across languages and countries, which helps if you sell abroad. Well-known names such as BMW, KFC and H & M illustrate that the approach can work.
The difficulty is that letters and numbers are also used in everyday ways like sizes, model numbers and abbreviations. The UKIPO asks a simple question: whether people would see this as a brand pointing to one business, or as ordinary information. In this article, we look at when letters, numbers and abbreviations can be registered, why some are refused and what businesses can do before they apply.
Can letters and Numbers be trade marks?
Yes, no rule bans them. The question is whether the average customer would expect everything sold under the sign to come from one business. If the sign looks like something any trader might want to use, the UKIPO is likely to say it cannot do the job of a trade mark. For example, a plain “H” on shoes would look like a size marking, so it could not do that job. The rest of the article looks at how that works for abbreviations, single letters and numbers.
Abbreviations of descriptive phrases
Some businesses use the first letters of a descriptive phrase. For example, BBFB for Best Bank for Businesses. The words themselves describe the services, so no one business could own them. Because the letters are just the initials of those words, people are likely to read them as a short way of saying the same thing. Therefore, the UKIPO treats the mark as descriptive, not as a brand.
This approach has become stricter. Following a European court ruling, the UKIPO updated its practice in 2013. Before that, the type of goods made more of a difference, so an abbreviation might have been accepted for some goods but not for others. An acronym which forms a word and adds some wordplay or inventiveness may sometimes be accepted.
Single letters
There is no ban on single letters, but whether one works depends on the goods. For example, K may work as a brand for footwear, but H is a standard marking for a width fitting on shoes, so any shoe seller may need it. H, however, could work for drinks, where it has no set meaning. A plain border will not help a weak letter, but a fancy or unusual one may be enough. A single letter can be distinctive for a wide range of services. Extra care is needed for technical goods for items such as computers, machines, motors, and tools where particular letters often have a set meaning in the trade. The colour can sometimes help a letter work as a brand. Each case is looked at individually, so it is worth checking what a letter means in your sector before choosing it.
Numbers and letter number combinations
Numbers and letter number combinations can be registered if they look random enough to point to one business. Numbers such as 1560 or 343 are usually fine for goods, but round numbers such as 1000 or 100 are often refused because they look like model numbers. A number which is the current year or an upcoming one is also likely to be refused. Short numbers are harder because single digits often signal something like 6 cylinders in an engine or 2 litres of milk. Combinations such as 27 for cars can work, because they look like less of a plain description.
Key takeaways and advice
The goods matter as much as the letters or numbers. The same letter can be refused for one product and accepted for another, as with H for shoes and drinks. Random is safer than round or standard. Numbers that look like model numbers, sizes or dates are more likely to be refused than random combinations. Be careful with initials. An abbreviation of a descriptive phrase is likely to be treated as descriptive, whatever the goods. Think about what other traders might need. If a letter or a number is something others would normally use, a trade mark is unlikely. Add something distinctive. A fancy or an unusual design can help a weak letter or number work as a brand, through a plain border is not enough. Take advice before you file. A search and a review of your goods and services can help you avoid an objection and save time and cost.
The Trademarkroom can search and file your application and review the goods and services you plan to cover. If an objection or a dispute arises, our colleagues at Lawdit Solicitors can help.
