Read more about this: When is a trademark not registrable? What is a slogan? The most powerful slogans are Short and sharp Can stand alone Emphasise the uniqueness of a business or product Timeless Why should you use and register a trademark slogan?
A slogan conveys your brand messaging Your slogan should be unforgettable. You should conduct a trademark search to check whether or not an identical or very similar slogan has already been registered for the same goods or services Be distinctive : slogans which are creative and unique are more likely to be approved for registration by the IP Office.
Examples of Trademarked Slogans In Class 36 for financial services there are some interesting examples. How do you trademark a slogan or a phrase? Craft a one-of-a-kind slogan Determine what trademarks or combinations you will apply for: words only or a combination of words and a logo image Conduct a trademark search to make sure that your slogan is not already registered or in use Read the our tips about how to get a trademark so that you are prepared with all the information you need for submitting your application Submit your trademark application online in 4 simple steps using our platform.
Tips to remember about trademarking a slogan A trademark registration only protects your slogan for specified goods and services. Not every slogan can be trademarked. Most applications for the following types of trademarks wont be approved:. In every case, the trademarked intellectual property must be unique and distinctive. Some companies regularly use a slogan in their ad campaign. If this is true for you, you might want to gain exclusive rights to it.
Campaigns that meet one of the above requirements could be eligible. With a trademark, you can keep others from using your creative, distinctive slogan.
This can help your business stand out. It can also make your brand more desirable. You can't trademark a slogan that just describes your company's goods or services. You can adopt a slogan for your brand without filing out a trademark application. If you want to keep others from using it, however, you should trademark the slogan.
A slogan that is not inherently distinctive will only be protected under trademark law if it achieves secondary meaning. Secondary meaning refers to whether the mark has acquired some distinction among consumers — that is the mark transcends the literal meaning of its words and is associated with a source. Usually it is demonstrated by showing either five years of continuous use in commerce or by substantial sales and advertising.
The more mundane a slogan is, the more secondary meaning the owner will need to show to obtain protection from imitators. For example, the owners of Excedrin had to prove that "Extra Strength Pain Reliever" had developed a strong secondary meaning.
A decorative feature may include words, designs, slogans, or trade dress. This matter should be refused registration because it is merely ornamentation and, therefore, does not function as a trademark. The only way to overcome this objection is to show that consumers associate the slogan with your products or services.
Copyright Protection. Typically, a slogan cannot be protected under copyright law as copyright does not protect short phrases. A promotional slogan can also be considered registrable as a trademark in the EU if it indicates commercial origin.
We recommend opting for unique, distinctive, catchy phrases that are easily distinguishable to allow consumers to identify the source of the goods or services. If you are looking to register a slogan, please contact us for tailored advice. The route to implementation of the proposed Unitary Patent system promised has been far from easy. With it now projected to come into effect in mid, we set out the answers to some frequently asked questions in our latest white paper 'The Unitary Patent: A practical guide'.
A recent ruling by the Dutch Higher Court illustrates why and how to take action. To provide the best possible experience for website visitors, Novagraaf uses cookies. By clicking "Accept" or continuing using the site, you agree to our privacy policy , including our cookie policy.
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