At a glance
- Slogans can be registered as trade marks
- Clearance search before launch
- Have the agency transfer all rights
A claim often shapes a brand more than its logo. We support claims from development to enforcement.
| Right | Requirement | Duration |
|---|---|---|
| word mark (DPMA, EUIPO, WIPO) | distinctiveness, not descriptive | 10 years, renewable |
| mark acquired through use | secondary meaning | as long as recognised |
| copyright | personal intellectual creation | 70 years after the author’s death |
| unfair competition protection | competitive distinctiveness, unfair circumstances | not time-limited |
Slogans are not subject to stricter criteria than other word marks (CJEU, 21 January 2010, C-398/08 P, “Vorsprung durch Technik”), but they must be perceived as an indication of origin, not merely as a promotional statement.
Before a campaign, we recommend a clearance search and an unfair competition check (superiority, health or environmental statements). We monitor registers, file oppositions and take action against imitators. If an agency develops the claim, the contract must transfer all rights, including the right to register it as a trade mark.
