In depth
Both the EUIPO and the SPTO have recently agreed on a key interpretative criterion: when assessing the distinctiveness of trademarks containing English words, the relevant public is assumed to have an A1 level of English.
This straightforward and pragmatic standard has direct implications for consumer goods companies, which often use English branding to convey modernity and international appeal.
What does A1 mean in practice?
The A1 level represents the most basic stage of language competence. In trademark analysis, this means that Spanish consumers are expected to understand only basic, frequently used English words — such as everyday adjectives or colors — that appear on packaging or in retail environments.
Why does this matter for distinctiveness?
The lower the presumed level of English, the greater the likelihood that many English terms will remain distinctive when used in trademarks. Thus, when considering registering a trademark containing English terms, avoid overly basic terms, especially if they directly describe the products covered, since examiners may deem them nondistinctive.
Practical tips for brand owners:
Avoid using basic words or basic product descriptors as the core verbal element. Instead, try to use fanciful, imaginative or blended English expressions that are more likely to pass the distinctiveness threshold. If you must use descriptive basic English words, pair them with strong, distinctive terms.
For example:
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Use
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Don’t use
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- Complex or abstract adjectives: crafted, uplifted, bold, supreme
- Composite expressions: bold brew, glowsmith, everblend, mindcrafted
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- Basic adjectives: fresh, soft, light, natural, sweet, pure
- Everyday nouns: milk, water, soap, tea, cream
- Basic colors: red, blue, green
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Adopting an A1 English comprehension benchmark enhances the distinctiveness potential of many English-based trademarks in Spain. Thoughtful English branding can deliver both commercial appeal and robust legal protection. When in doubt, consult the Cambridge online Dictionary, which indicates the proficiency level of every word you look up.
