Trademarking Slogans: Navigating the Process and Legal Precedents

Have you ever wondered whether a slogan can be registered as a trademark™️?

Slogan is a catchphrase or short phrase that promotes or advertises something and is usually a multi-word sequence conveying a meaning perceived as laudatory or promotional 🎉

It should be noted that although slogans are not usually registered by EUIPO, it is possible under certain conditions!

In order to register a slogan as a trademark™️, it must be shown that such a slogan has a minimum degree of distinctiveness, but does not need to be characterised by particular originality or ingenuity, because the assessment criteria for slogans should not be more restrictive than for other types of signs.

A breakthrough judgment in this respect is the case of Oatly AB v. EUIPO concerning the trademark „IT’S LIKE MILK BUT MADE FOR HUMANS”, which was registered after several years of proceedings following the cancellation of the EUIPO’s refusal decision by the General Court.