How to Protect a Trademark, Phrase, Slogan or Strap-line
It is possible to trademark a phrase, slogan or a strap-line?
Yes, in principle, it is entirely possible to register as a trademark any strap-line, trademark, phrase or slogan.
Very many such phrases immediately spring to mind such as ‘Better by Design’, ‘Liquid Engineering’ ‘Smirnoff: The Difference is Clear’ and ‘L’Oreal: Because You’re Worth it!’
In fact, a trademark is legally defined as “any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertaking. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.”
So there are probably many elements within your marketing may be regarded as a trade mark: phrase, slogan, logo, shape, design – all these can be protected by trademark registration.
Trade mark phrases or strap-lines do sometimes require special consideration, as they can often be difficult to register in their own right. A distinctive word or combination of words is necessary to form a registrable verbal trade mark. A trademark phrase that is in common use, or simply states that a product is ‘best’, or ‘super, or ‘de luxe’ is often regarded as mere advertising slogans that cannot be registered as a trademark without exceptional evidence of a well-established reputation.
For any further advice and information, please contact us and one of our experts will be happy to help.
So what would you like to do next...
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GET A FREE TRADEMARK AVAILABILITY REPORT ...get a Free Report on the legal availability of your trademark, phrase, name or slogan BEFORE you commit ...from our experts. |
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