Slogan registration steps up a gear
Bill Ladas and Nina O’Sullivan of SJ Berwin LLP debate the viability of registering slogans in the light of a recent Court of Justice decision regarding Audi
It is often said that, whilst slogans are not excluded from trademark protection, in practice, it is more difficult to register
one as a trademark than it is for any other word-mark combination. However, while the reported cases in the UK and in relation
to Community trademarks (CTMs) do tend to suggest that slogans face more obstacles in attaining registration, those cases
have largely related to quite obviously laudatory or descriptive slogans. For example, recent slogans rejected by the General
Court being: ‘thinking ahead’ for education services, ‘built to resist’ for paper goods and clothing and ‘tame it’ for cosmetics
and hair lotions.
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