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Slogans as protected objects under trademark law

Expert article on trademark law

Slogans as protected objects under trademark law

Yes, slogans can generally be protected as trademarks! The same rules apply to the registrability of a slogan as to other trademarks. They must not be descriptive or generically promotional and must be capable of being perceived as a trademark.

However, slogans often lack the necessary "distinctiveness" required for trademark protection. Slogans are generally rejected because they merely appear "advertising" and do not serve as a clear distinguishing feature of a brand.

A well-known example of a registered slogan is Audi's "Vorsprung durch Technik." Initially, registration of the slogan was rejected, but the European Court of Justice ruled in a judgment of January 21, 2010 (Case C 398/08 P) that the slogan was worthy of trademark protection. The Court clarified that slogans are eligible for protection if they convey more than just a standard advertising message. They must be original or concise, require a certain amount of interpretation, or stimulate thought among the target audience.

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