Under China’s Trademark Law, any sign capable of distinguishing the goods of one natural person, legal person or other organization from those of others may be registered as a trademark. Such signs include words, devices, letters, numbers, three-dimensional symbols, color combinations, sounds and combinations of these elements. Can an advertising slogan also be registered? This article provides a brief overview for trademark applicants.
1. What Is an Advertising Slogan?
Advertising is commercial promotion paid for by a supplier of goods or services to introduce those goods or services, directly or indirectly, through a particular medium or format. An advertising slogan is a short phrase used in that promotion. Examples include Li Ning’s “Anything is possible,” Goldlion’s “Goldlion, the world of men,” and Nokia’s “The technology centering on the needs of people.”
2. Rules Governing Registration of Advertising Slogans
Article 11(1)(3) of China’s Trademark Law provides that signs lacking distinctive features may not be registered as trademarks. However, signs that have acquired distinctiveness through use and are readily distinguishable may be registered.
The Standards for Trademark Examination and Trial identify phrases or sentences describing the characteristics of goods or services, ordinary advertising slogans and promotional expressions as signs that lack distinctiveness under this provision. They are generally not registrable unless their combination with other elements makes the mark distinctive as a whole.
3. Examples of Trademark Applications and Registrations
(1) Unsuccessful Applications
(2) Successful Registrations
4. Conclusion
The principal function of an advertising slogan is to promote the quality or other characteristics of goods or services, so slogans generally lack distinctiveness. A trademark, by contrast, must distinguish the source of goods or services. Applicants seeking to register a slogan may consider the following approaches:
- Combine the slogan with a trademark already registered by the applicant.
- Add clearly distinctive elements, such as words, letters or, in particular, graphic elements, to make the combination distinctive as a whole.
- Promote and use the slogan extensively. Long-term, substantial use by a particular undertaking may give a slogan acquired distinctiveness, enabling the relevant public to recognize it as a trademark and making registration possible.
