Can You Register A Slogan

Have a break, have a KitKat

Slogans can be one of your most powerful advertising tools. Adopting a slogan that is both catchy and memorable, can be a simple and effective manner of allowing a business to describe in loyal followers, and constitute a brand identity.

Yet, slogans are often refused registration and therefore protection as Trade Marks, unless they are accompanied by other distinctive elements that let them to be perceived as beingness the property of a single possessor/business.

So, can I protect a slogan as a Trade Marking? And what are the differences between slogans which can and cannot be registered?

The full general rule is that Marks which are unadorned, purely informational, descriptive, generic, and/or promotional as to the positive attributes/benefits of a product or service, are unlikely to be registrable or protectable.

On the other hand, the more inventive, unique, and allusive a Mark is in relation to the appurtenances and services concerned, the more likely it volition be registrable. The post-obit examples highlight some slogans which were successfully registered, and then some which were refused registration as Trade Marks at the UK IPO and/or the EUIPO.

Examples of slogans that have been immune registration:

Example of a Practiced Slogan – No.ane:

The Slogan – 'The Fruit, The Whole Fruit, And Nothing But The Fruit"
Goods/Services – This slogan (Mark) was registered for Fruit Juice.
Reason for Acceptance – As you can see, this nice slogan is a play on words, and the Examiner felt this was distinctive enough to allow registration.

Example of a Good Slogan – No.2:

The Slogan –"For Soldiers"
Goods/Services – This slogan (Marking) was registered for Egg and Egg Products.
Reason for Acceptance – Similarly to the above reason, this was also seen as being a squeamish play on words, and was immune to continue to registration.

Instance of a Good Slogan – No.3:

The Slogan – "Natural But Got Sexy"
Goods/Services – This slogan (Mark) was registered for Clothing, Footwear, and Headgear.
Reason for Acceptance – The Examiner saw this slogan as being nicely imaginative, and allowed it through to grant.

Example of a Good Slogan – No.4:

The Slogan – "Tousle Me Softly"
Appurtenances/Services – This slogan (Mark) was registered for Hair Preparations.
Reason for Acceptance – Once more, every bit Example 3 above, the Examiner saw this slogan as being sufficiently distinctive, and allowed it through to grant.

Example of a Good Slogan – No.5:

The Slogan – "Vorsprung Durch Technik"
Goods/Services – This slogan (Marker) was registered for Vehicles.
Reason for Acceptance – The Examiner felt this was both memorable and imaginative. Information technology was permitted and immune registration.

Example of a Skilful Slogan – No.half-dozen:

The Slogan – "Have A Break … Have A KitKat"
Appurtenances/Services – This slogan (Mark) was registered for Chocolate.
Reason for Acceptance – This is an interesting one, and Nestle was peradventure fortunate to secure protection for this slogan. The Examiner felt this was a mutual phrase, certainly the beginning part ('Take A Break'). But, because information technology was accompanied past a distinctive feature which is able to act equally a 'badge' of commercial origin ('Have a KitKat'), it was seen as being allowable. As such, it was permitted registration.

Let's at present accept a look at some examples of slogans which were refused protection.

Examples of slogans that were refused registration:

Example of a Refused Slogan – No.one:

The Slogan – 'Never Make clean Your Shower Again"
Goods/Services –This slogan (Mark) was filed to protect Cleaning Preparations.
Reason for Refusal – It is clear to meet this is non a 'clever' or imaginative slogan. This is something you lot might say in any normal conversation. Every bit such, the Examiner was non impressed and saw this equally plain descriptive linguistic communication to the intended purpose of the goods. It was refused protection.

Example of a Refused Slogan – No.2:

The Slogan – "It's Not Rocket Science"
Goods/Services – This slogan (Mark) was filed to protect Shoe Polish.
Reason for Refusal – Similarly to the above reason, this was refused for just beingness a mutual descriptive phrase.

Example of a Refused Slogan – No.three:

The Slogan – "An Centre For Detail"
Goods/Services –This slogan (Marker) was filed to protect Clothing.
Reason for Refusal – The Examiner saw this slogan as being a common descriptive phrase which may have meaning in relation to the characteristics of the goods. Therefore, it was refused.

Example of a Refused Slogan – No.four:

The Slogan – "Say It With Champagne"
Goods/Services – This slogan (Mark) was filed to protect Champagne.
Reason for Refusal – This is has a purely promotional pregnant and/or is purely a marketing function. Again, the Examiner was non impressed, and refused this Mark.

Example of a Refused Slogan – No.5:

The Slogan – "Existent People, Real Solutions"
Goods/Services – This slogan (Mark) was filed to protect Telemarketing, Computer Maintenance and Support Services.
Reason for Refusal – As with Example number 4 above, this was refused due to having a purely promotional meaning and/or a purely marketing function. Just non clever enough.

How tin can you improve your hazard of success when protecting a slogan?

For your slogan to fare better in terms of registrability, brand sure it is:

Original, imaginative, paradoxical, surprising, thought provoking and unexpected; and/or

Combined with a distinctive word and/or logo.

Ultimately, when it comes to registering slogans, the examination of each Application will exist viewed on its ain merits. The Examiner volition take into account the nature and meaning of the slogan, besides as the nature of the goods or services for which registration is sought.

Registration bated, the adoption of a slogan can be very effective within a marketing campaign, and will create instant consumer recognition. The benefit of choosing a slogan which tin can exist registered is to provide yous, the owner, with an easily enforceable correct. Information technology will terminate competitors from encroaching upon your branding, and establish a unique position inside your marketplace.

The protection of any Trade Mark can be complex and multi-faceted. If y'all would like farther information or advice on registering slogans, or for whatsoever other Trade Mark related advice, delight contact the highly experienced Trade Marks team at Albright IP via e-mail, past phone: +44 (0) 1242 691 801, or using the course below and nosotros will be happy to advise and guide you lot.