It is no exaggeration to say that, these days, branding can be everything. The growth of the ‘global village’ means that businesses (or their advertising agencies and brand consultants) are constantly searching for new and distinctive brands, and they are increasingly looking overseas for inspiration.
The difficulties of protecting descriptive marks in the UK (either as a registered trademark or under the law of passing off) are well established. If a word is descriptive in one jurisdiction, however, does that mean it cannot be protected in another, where it may be unknown or have no natural meaning?
