Dream It Loses Slogan Trade Mark
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Released 9 July 2008
A company failed in its bid to secure a trademark application to register
DREAM IT! DO IT! as a Community trademark on the basis that the mark was devoid
of distinctive character under Article 7(1)(b) of the Community Trademark
Regulation (40/94/EC). The services included assisting with the exchange of
socially-progressive and pattern-changing ideas, educational publishing services
and social services. The mark would be perceived as meaning that the services
could help consumers to realise their aspirations.
Slogan trademarks are generally considered a risk as they face objections
under Section 3(1)(c) of the Trademarks Act 1988 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 as
I have listed below a few examples of marks which have been refused on this
‘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.
I have listed below a few examples of marks which have been accepted despite
‘OPEN POUR ENJOY LIFE ONCE MORE’
‘THE SHAPE OF THE MEAL’
‘TIME HAS QUALITY’
The success of an application is likely to rest upon whether or not the
Examiner feels that the term has the requisite distinctive character and is
capable of distinguishing your goods and services from those of other
Coyle is a solicitor advocate who specialises in information
technology law and intellectual property law.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2008-07-13 15:04:18 in Legal Articles