Non-distinctive trademarks
Distinctive character means that the mark allows the goods or services for which it is applied for to be identified as originating from a particular undertaking and thus to distinguish those goods or services from those of other undertakings. When a mark is not capable of distinguishing goods and/or services then it cannot be a trademark at all and consequently no protection can be granted. The following marks have not been granted protection:
12/09/2007, T-304/05, class: 33
21/10/2008, T-73/06, class: 18
Z.215529, classes: 21, 31
Descriptive trademarks
Any mark that describes the characteristics of the goods or services is therefore devoid of distinctive character in relation to those goods or services. Descriptiveness exists where its meaning is immediately perceived by the relevant public as a source of information about the goods and services claimed. This is the case where the mark provides information on, inter alia, the quantity, quality, characteristics, intended purpose, nature and/or size of the goods or services. The following marks have not been granted protection:
· „Xpert” (27/07/1999, R 230/1998‑3);
· „EURO AUTOMATIC PAIEMENT”, classes: 9, 36 (05/09/2012, T‑497/11, Euro automatic paiement, EU:T:2012:402);
· 
, classes: 35, 38, 39, 42 (9/11/2016, T-290/15);
· „FITO APTEKA”, classes: 5, 30, 35, 39 (wyrok NSA z dnia 16/11/2012, II GSK 1601/11);
· 
, classes: 34 (18/01/2017, T-64/16).
Loss of distinctive character
between goods and services. Therefore, we will not register a mark which will consist of such a word, e.g. in combination with another descriptive word in relation to the goods or services concerned. Examples:
- ECO = ‘eco-friendly’ (24/04/2012, T-328/11, EcoPerfect, EU:T:2012:197, § 25; 15/01/2013, T-625/11, EcoDoor, EU:T:2013:14, § 21);
- FLEX and FLEXI = ‘flexible’ (13/06/2014, T-352/12, Flexi, EU:T:2014:519, § 20-21);
- MEDI = ‘medical’ (12/07/2012, T-470/09, Medi, EU:T:2012:369);
- MEGA = ‘large’ (28/04/2015, T-137/13, MEGARAIL, EU:T:2015:232, § 38);
- PRO = goods are intended for ‘professional customers’ (25/04/2013, T-145/12, Eco Pro, EU:T:2013:220, § 29-32);
- UNIVERSAL = goods are ‘suitable for general or universal use’ (02/05/2012, T-435/11, UniversalPHOLED, EU:T:2012:210, § 22, 28).
Minimum distinctiveness
Minimum distinctiveness is sufficient to prevent the application of an absolute ground for refusal. An additional distinctive element, e.g. a distinctive graphical component, can help to register a trademark. For example, the following trademark has been registered in Poland:
R.167834, class 36
Predicting the future
When assessing the distinctiveness of a mark, the Office takes into account not only the current usefulness of the mark to describe the characteristics of the goods or services, but also the potential usefulness of the mark (Judgment of the CJEU of 9.07.2008, T-323/05). It is irrelevant that a mark is not currently used to describe the goods or services when we can foresee that it will be used to do so in the future (Judgment of the CJEU of 21.01.2009, T-307/07).