This article explains how Digistore24 MSLW Limited reviews proposed product and brand names before launch, what we look for, and what you can do as a vendor to help the process run smoothly.
Scope: This article applies only to products distributed in the EU by the Irish Reseller Digistore24 MSLW Limited.
The aim is to help you understand the commercial and compliance reasons behind the name review, so you can prepare your submission in a way that reduces back-and-forth and protects the launch of your product.
Why we review product and brand names
Using a product or brand name that is already protected, or a name that is too close to an existing name in the market, can create serious legal and commercial risk - not just for Digistore24, but also for your product and your business.
The main risks include:
- Injunctive risk: a court or authority could require the name to be withdrawn or changed, potentially disrupting sales, marketing, and your vendor relationship with us.
- Operational disruption: re-labeling, re-approval, re-listing, and customer confusion - all of which can delay or interrupt your sales.
- Reputational risk: products perceived as copying or imitating existing brands can damage both the product and the vendor behind it.
It is important to understand that the issue is not limited to registered trademarks. Even where a name is not registered as a trademark, risk can still arise if another business is already using that name in the market in a way that has built recognition with consumers. In those cases, the concern is often passing off.
In simple terms, passing off means a business may object where another product name is so similar that consumers could believe the products come from the same source, are connected, or are commercially associated. The core concern is consumer confusion.
The practical takeaway is that even if a name is not formally registered, it can still be risky if it looks like it is trading off another brand's reputation or market presence.
Two types of issues we look for
When we review a proposed product or brand name, we assess two separate categories of risk. A name can pass one but fail the other - both need to be cleared before a product can proceed.
- Trademark and brand name conflicts - whether the name is already protected or in use by another business in a way that could create legal exposure.
- Medicinal or ingredient-related implications - whether the name itself suggests a benefit, effect, or ingredient that the product cannot actually support under EU rules.
The details for each category are set out below.
Detailed Review Areas
Expand each section below for the full description of how we assess the relevant area of risk.
Trademark and brand name conflicts
The review is based on a risk assessment, not a purely mechanical yes/no exercise. It is carried out in three steps.
Step 1: EUIPO search
We first search the proposed name in the EUIPO database to identify any obvious trademark hits. This helps us determine whether there is a registered right that could present a direct infringement issue within the EU.
Step 2: Google / market presence review
We then carry out a Google search and broader market review to see whether the proposed name is already being used in commerce, even if no registered EU trademark appears.
This step is important because it can reveal:
- existing market use,
- products with similar branding,
- geographic concentration of sales; and
- possible passing off or unfair competition concerns.
Step 3: Risk-based assessment
The final view is based on the level of legal and commercial risk.
For example:
- If a name does not appear in the EUIPO database,
- but does appear on Google; and
- the existing commercial activity seems largely confined to one Member State,
then an executive decision may be taken that the risk is more limited than in a clear pan-EU conflict.
That does not mean the risk disappears. It means the risk may be viewed as more manageable depending on the facts. In those cases, the Product Compliance team can advise you of the remaining risks, and you can make an informed commercial decision.
By contrast, where there is a clear trademark conflict or obvious infringement risk, the name should generally not proceed, because it exposes both your product and Digistore24 to risk that cannot reasonably be managed.
Medicinal or ingredient-related implications in the name
A separate but common issue is where the proposed product name itself may create a regulatory problem under EU rules, even if there is no trademark issue.
This often happens where a name:
- implies medicinal qualities,
- suggests a physiological effect,
- refers to a specific ingredient or compound; or
- gives the impression that the product contains a substance or has a function that is not actually supported by the product formulation.
Examples can include names or references such as:
- GLP,
- names implying a medicinal or drug-like effect,
- or ingredient-led names such as references to chromium or similar substances where the product either does not contain that ingredient, or does not contain it in a sufficient amount to support the implied claim.
The key point is that a product name cannot imply a benefit, effect, or ingredient profile that cannot be supported.
Any health-related suggestion in the product name must be capable of being justified by:
- the actual ingredient list,
- a permitted and relevant health claim directly associated with those ingredients; and
- the required quantity of the ingredient being present at a level that is sufficient under the applicable EU rules to support that claim in the first place.
If those elements are not present, marketing language alone cannot resolve the issue. In most cases, the safer approach is that the name itself needs to be changed.
Before you submit a name: recommended pre-checks
To help move the process faster and reduce avoidable back-and-forth, we recommend that you carry out a basic preliminary search before submitting a name to Product Compliance.
A practical suggestion before submission for approval:
- Search the proposed name on the EUIPO database , or
- at minimum, run a Google search using the proposed product name together with terms such as "supplements" and "EU".
This can help you identify obvious conflicts early and reduce avoidable back-and-forth during review. It also gives you the opportunity to refine or replace a name before it is formally assessed.
What happens if there is an issue
Where a proposed name presents unacceptable risk, the main options open to you are:
- change the name entirely, or
- come back with variants that are materially different and can be reassessed.
Please note that it is not the role of Product Compliance to create brand names on your behalf. The role of Product Compliance is to assess risk and advise on whether a proposed name can proceed, not to perform branding work.
Where the issue is lower-level and fact-specific, we will explain the remaining risks to you so you can make an informed decision on a case-by-case basis. Where there is a clear infringement risk or an unsupported medicinal or ingredient-related implication, the name will generally not proceed.
Important Note
The information on this page is provided for general guidance only and may not reflect the most recent EU trademark or food law, or its interpretation. This guidance is subject to updates as the legal and regulatory environment evolves.
Because trademark and labelling obligations can vary by country and product type, you should consult a qualified legal or compliance professional before finalising a product or brand name.
While every effort is made to keep this information current and accurate, Digistore24 MSLW Limited cannot accept responsibility for any loss or action taken based on this content.