Why descriptive and advertising terms cannot obtain trademark rights

Descriptive terms like "fruity" for applesauce are generally not trademarkable, as they merely describe a product characteristic. It's important that everyone has the opportunity to adequately describe their products without risking legal action. However, the question of whether a trademark is eligible for protection isn't always easy to answer without expertise in trademark law. Trademark offices reject not only clearly descriptive terms, but also terms considered "common advertising"—that is, common marketing phrases or generally understandable combinations.

One example of this is the trademark application for "Appotheke" in the pharmacy services sector, which was rejected. The term merely represents a common advertising combination of the words "app" and "pharmacy," which does not provide sufficient distinctiveness for the trademark authorities.

When choosing a name, it's therefore advisable to avoid descriptive or generic terms and instead choose a unique, original name. A creative name that stands out from others has a much better chance of being trademarked.