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Dream It Loses Slogan Trade Mark

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Lawdit Solicitors - Expert Author

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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 explained above.

I have listed below a few examples of marks which have been refused on this basis:

‘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 being slogans:

‘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 undertakings.

Michael 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

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