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Slogan trademarks

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Lawdit Solicitors - Expert Author

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Many clients wish to file trademarks in the form of a slogan.  Examples of slogan marks which have been accepted have been set out by the Patent Office in a Practice Amendment Notice

By way of example, the following slogans have been accepted:

OPEN POUR ENJOY LIFE ONCE MORE

(unusual combination)

Foodstuffs and non alcoholic drinks

TIME HAS QUALITY

(impenetrable)

Paints and so on

THE DIFFERENCE ISTHE QUALITY OF THE PROMISE

(impenetrable)

Insurance underwriting

Taking care of control

(impenetrable)

Business consultancy

ITS YOUR TURN TO PLAY

(fanciful)

Electric cooking apparatus

CATCH A WRINKLE IN TIME

(fanciful)

Cosmetic preparations

accelerating your chemistry

(impenetrable)

Metal fences, steel wires

THE SHAPE OF THE MEAL

(fanciful)

Foodstuffs

 

These were all found to have the capacity to distinguish goods from one undertaking from those of other undertakings, for the goods/services at issue.

In 'Das Prinzip Der Bequemlichkeit' ["The Principle of Comfort"] C-64/02 P, the ECJ stated that slogans serving a promotional function which is not obviously secondary to any trade mark meaning will be objectionable because:

"average consumers are not in the habit of making assumptions about the origin of products on the basis of such slogans" (paragraph 35).


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 2007-05-30 20:33:12 in Legal Articles

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