The same is the slogan, "Afraid of getting angry and drinking more Duobao" can be registered, but not others

An American entrepreneur once vividly stated the importance of advertising: "Starting a business without advertising is like throwing a wink at a woman in the dark."
As the saying goes: People rely on clothing, Buddha relies on gold. A classic advertisement can make people remember deeply after hearing it once, and penetrate into the brain like poisoning, which is unforgettable.

For example, Li Ning's "Everything is possible"; "Anti-dandruff faction, of course, Haifeisi"; "Nongfu Mountain Spring is a little sweet"; Red Bull, "Your energy is beyond your imagination"; and the year of the sheep once brainwashed the people of the country "Hengyuanxiang, Yangyangyang" ...

Advertising is very important for enterprises, and good advertising slogans will play a multiplier role in the development of enterprises. Therefore, in order to strengthen protection and monopolistic use, many companies try to register their applications as trademarks.

However, generally speaking, the advertising slogan will be more or less descriptive to convey a certain attitude or philosophy of the enterprise. We know that a trademark that lacks distinctive features cannot be successfully registered if it directly describes the function, use, and other characteristics of the product.

No. 27020401 "Traditions and presents" trademark was applied on October 23, 2017, and was designated for use in commodities in category 42, urban planning, engineering drawing, architectural drawing, graphic art design, etc.

After the Trademark Office made the rejection decision, the applicant applied to the Trademark Review and Adjudication Board for review. However, the business evaluation committee believes that the application of trademarks "tradition and modernity, ingenuity" is easy to understand as an advertising term, used in designated services, the relevant public is generally not easy to identify it as a trademark, it is difficult to distinguish the source of service , Lacking the distinctive features that a trademark should have.

Decision: The application for registration of the trademark on the review service will be rejected.

So, can't the slogan register a trademark? NO, NO, NO ~

There are many cases of successful registration of trademarks in advertising slogans!

Taking the familiar slogan "Fear of getting angry and drinking Jiaduobao" as an example, let's take a look.

No. 11064133 "Fear of getting angry and drinking more Duobao" trademark, is an application of Wang Laoji Co., Ltd. on June 13, 2012, and was approved to be registered in category 30, coffee drinks, tea, tea drinks and other commodities on October 21, 2013 The term of the exclusive right is until October 20, 2023.

Some slogans can be registered, and some slogans cannot be registered. Why?

Most of the registered trademarks in advertisements were rejected because of lack of distinctiveness.

In general, the distinctiveness of a trademark can be divided into inherent distinctiveness and acquired distinctiveness. Inherent distinctiveness means that the trademark sign cannot be reasonably understood as a description or decoration of the product to which it is attached. Consumers will automatically regard this sign as a representation of the origin of the product, so they can be directly registered as a trademark; The direct description of the nature, place of origin, composition, etc., or the sign that can be reasonably regarded as the decoration of the product, is not distinctive and cannot be registered as a trademark [1].

However, the distinctiveness of a trademark composed of identification and distinction is not static, and its strength will increase or decrease with the use of the trademark. That is to say, a trademark that lacks distinctiveness can have distinguished products or The ability of the service source establishes the connection between the operator and the commodities it provides, thereby gaining distinctiveness.

Obviously, No. 27020401 "Traditional and Modern Ingenuity" corresponds to the former lacking distinctiveness, and No. 11064133 "Fear of getting angry and drinking more Duobao" trademark is the latter. With long-term use, in the business process Obtain saliency.

When applying for the trademark registration of the advertising slogan, not only should we consider whether there is a similarity problem, but we must also analyze and evaluate its significance. This series of work requires professional trademark agents to accurately identify them to improve the success rate of trademark registration. If you also encounter the problem of trademark registration, you can click on the "Read the original" below to consult, Gaowo Intellectual Property will provide you with professional trademark agency services.

Beijing headquarters

6th Floor, Huayi Holding Building, No.11 Caihefang Road, Haidian District, Beijing

US Office

1420 McKendall West Road, Allen, Texas

German Office

23 Westmeister, Berlin