What is real
is not external form.”
Although many famous slogans enjoy incredible success, many others face the barrier of not being able to be registered. What could be the main reason why a short series of words cannot be registered?
What is the definition of a slogan?
Before finding out the reasons why certain slogans cannot be registered, we need to find out: (a) what a slogan actually is; and, (b) what are the main criteria by which a series of words can represent a company as a slogan?
The first step that can be taken when it comes to registering a slogan is to search for it on Google since it may already exist. A simple Google search can save you a lot of time and money, although many entrepreneurs actually fail to do this.
Why should a slogan be registered?
Slogans should be registered for various reasons. Principally, slogans make a huge contribution to effective marketing strategies while also adding a certain value to the company brand. However, there are certain standard criteria that must be met for a particular slogan to be registered. They are:
– The slogan must be available to be registered in the chosen class (namely, depending on the groups of services or products in which it falls);
– It should not be too descriptive;
– It should be distinctive- the more distinctive the respective slogan, the more protection will be granted to the respective trademark in the relevant register.
The last requirement may be the most difficult one to meet as EUIPO is very strict when it comes to trademark protection for slogans. We can say, therefore, that certain common and praiseworthy phrases are very unlikely to be recorded in the EU.
If someone has registered the same slogan you wish to use, there is a possibility that they can co-exist. How can this be possible? As long as the slogan for which you wish to obtain intellectual property rights fall into different classes, both can legally coexist.
To make sure that the slogan you want to register is not already owned by another entity, it is advisable to do perform a simple Google search. You will also be able to use other online free tools which are readily available in order to be sure that you do not omit any necessary details. If at this point you wish to proceed with formal registration, you can request the assistance of a specialised attorney to help you through the entire legal process.
Between August and September 2020, we faced a fairly common issue in the world of intellectual property. We have identified a similar trademark to that of one of our clients. The next step was contacting and starting the negotiation procedure with the opposing party in order to waive the protection of one of the classes, ( learn more )
The internet’s boundless borders have paved the way for small businesses to become international. Businesses that operate online also maintain multiple platforms of operation, including a website and social media accounts, and thereby increasing visibility and access to both consumers and potential brand abusers alike. Having brand protection that spans borders and countries is becoming ( learn more )
Lately, we have worked on a refusal notice to help our client, a key player in the tea and agricultural products industry, in terms of preparing a strategy to get a trademark registered. In this regard, we are currently looking for arguments and trying to prove that the term underlying the name of this business ( learn more )