Can a Slogan be registered as a Trade Mark?

11 January 2010


The short answer to this question is probably not.

Generally slogans will face an objection under Section 3(1)(c) of the Trade Marks Act 1994 if they are comprised of a word combination which is considered the normal way of referring to goods or services or if the Examiner considers the term to be devoid of distinctive character.

However there are a few exceptions.

The Intellectual Property Office provides examples of slogans which have and have not been accepted:

Refused:

‘NEVER CLEAN YOUR SHOWER AGAIN’ in relation to cleaning products.

‘YOU CAN DO IT WITH US’ in relation to Driving Schools

‘GO FOR IT’ in relation to training courses.

Accepted

 ‘OPEN POUR ENJOY LIFE ONCE MORE’

‘THE SHAPE OF THE MEAL’

‘TIME HAS QUALITY’

The example which I always use is this – ‘I can’t believe it’s not butter’ this is a trade mark as it is the product name i.e. you would ask a supermarket employee for this product by this term. Therefore unless the slogan is the product name (and not a strap line merely supporting the product name) then an application may be successful.

Jody Tsigarides

Tim can be contacted via email on tim@trademarkroom.com.