A trade mark is a sign which is used by a business to differentiate its products or services from those of its competitors. Whilst the most common trade marks on the UK Intellectual Property Office (UKIPO) Register are for business names and logos, slogans can also be registered as trade marks.
What is a slogan and when can it be registered?
A slogan is a short and memorable phrase usually used in advertising. It could be a tagline, catchy quote, motto or even a full sentence that you want consumers to associate with your business or brand. Some examples of registered slogan trade marks include ‘Just do it’ and ‘Have a break, have a Kit Kat’.
Slogans can ultimately be powerful marketing tools, however, are often difficult to register as trade marks. Slogan marks are subject to the same basic requirements as word and logo marks. As such, any of the abovementioned types of slogans can be registered as a trade mark provided that they are not descriptive and/or non-distinctive. The UKIPO do not have a general criteria for what slogans can be registered, however, it would appear that an imaginative slogan or one which uses a play on words will have the highest likelihood of success.
What does the UKIPO look at when assessing a slogan mark?
Whilst the UKIPO does not have a general criteria, it has outlined a number of factors that it may consider when assessing the acceptability of slogan-type marks:-
- Plain descriptive language
Some advertising slogans describe the quality of goods or services to which they relate. As with any word and/or logo mark, such slogan marks will be refused registration if theydescribe the kind, quality, quantity etc of the goods and/or services intended for protection. For example, a slogan like ‘Fresh Coffee Every Day’ would be too descriptive to be a registered slogan for a coffee shop.
- Common descriptive phrases
A slogan containing a well-known phrase may be accepted by the UKIPO in certain situations. That said, the use of such phrase will be objected by the UKIPO if that phrase designates an essential characteristic of the goods and/or services.
- Ambiguity and imagination
The UKIPO have advised that ambiguity may enhance a slogan’s prospect of registrability as the concept conveyed by the mark is not clear and obvious.
Where a slogan is original and imaginative in respect of the goods and/or services concerned, it has a greater chance of being accepted for registration. The more unique and catchy the slogan is, the higher its likelihood of success.
- Inspirational, motivational and customer service statements
Such statements are considered to be non-distinctive and as a result, are unlikely to achieve registration.
Whilst the above are just some aspects considered by the UKIPO when examining slogans, any slogans which are purely informational, generic or promote the benefits of the goods and/or services are unlikely to achieve registration.
Top Tips to Trade Mark a slogan
- Ensure your slogan is distinctive.
- Consider carrying out a trade mark search to ensure your logan is not already taken by another business.
- Ensure it has an imaginative or unusual element.
- Ensure your slogan is not purely promotional and not a common term.
- Consider reaching out to a Chartered Trade Mark Attorney to receive valuable advice to ensure your slogan has the best chance of being approved.
If you are looking to register a slogan as a trade mark, please get in touch. We have a team of trade mark experts, including a Chartered Trade Mark Attorney, with specialist knowledge and experience on hand to help you. We will guide you through the process, providing you with a bespoke service tailored to your business needs.
Call us on 03330 430350 for comprehensive trade mark support and advice.
