Slogan as a trademark: the practice of registration and use

Bright, memorable, attention-grabbing – all this characterizes a slogan. A slogan is a memorable phrase expressing the essence of the advertising appeal of a product; a bright but meaningless phrase. And indeed, if you recall popular and well-known slogans, they are exactly like that – short but capacious, having heard them once, they are remembered for a long time and evoke associations with a specific product, company, and its image.

A slogan is one of the ways for a company to stand out from others, to emphasize its individuality, the uniqueness of its product. As is known, the function of a trademark is to individualize goods and services, and registering a slogan as a trademark allows you to secure an exclusive right. The practice of registering slogans is used by many companies - both manufacturers of goods and those providing services. In this article, we will consider some well-known slogans that have been registered as trademarks.

Popular product and service slogans

For example, the well-known confectionery manufacturer Mars Incorporated has slogans in its trademark portfolio, upon hearing which you clearly understand what product is being discussed:

• "Take a break, have a Twix!" - is registered as a trademark (certificate no. 403993) and refers to a specific product of this company – the chocolate bar “Twix”. Twix has been produced since 1967 and remains one of the most popular and recognizable confectionery products. The well-chosen and well-known slogan has become entrenched in the minds of consumers and has become popular over a long period of time.
• "Milk tastes twice as good if it's Milky Way" - is registered as a trademark (certificate no. 420743) and also indicates a specific product of this company; upon hearing it, one immediately imagines a specific bar, its taste and the appearance of the packaging.

Continuing with the theme of chocolate bars from Mars Incorporated, it is impossible not to single out Snickers, in relation to which a whole line of slogans has been registered, which have become so popular that they have entered colloquial speech, for example: "Don't slow down. Snickers!" (certificate No. 423225), "Snickers" (certificate No. 660479); "Snickers. True pleasure" (certificate No. 111314), "You are not you when you are hungry" (certificate No. 661088).

M&M's candy also has famous slogans that have been registered as trademarks, such as: "Milk chocolate. Melts in your mouth, not in your hands" (certificate No. 113435); "Everywhere is more fun together!" (certificate No. 335340).

One of the areas of the Mars Incorporated company is also the production of pet food. For example, for the Whiskas cat food line, one can highlight such bright slogans as: "Your kitty would buy Whiskas" (certificate No. 473891); "Naturally curious" (certificate no. 604793).

There is also a trend among various food and beverage manufacturers to register slogans as trademarks, for example: "It's delicious to eat, it's easy to cook" (certificate No. 999746) is registered to Wimm-Bill-Dann for dairy products. The famous Pepsi slogan "Take everything from life" is also registered as a trademark (certificate No. 431782). The well-known slogan of the Sprite drink is "Don't let yourself dry out" (certificate No. 176628). The slogan "The holiday is coming to us" (certificate No. 296600) is associated with the approach of the New Year holidays and the drink Coca-Cola.

Companies producing cosmetics and household chemicals also actively use the registration of slogans as trademarks. For example, the company L'Oreal registered the slogan "Because you deserve it" (certificate No. 237634), which literally became its calling card. The Gillette Company also has a number of slogan trademarks in its portfolio, for example: “There is nothing better for a man” (certificate No. 616689), “Feel like a goddess!” (certificate No. 349022). The manufacturer of “Rexona” deodorants, Unilever, registered the slogan “Rexona never lets you down" (certificate no. 724864), which reflects the quality of the product.

Among the manufacturers of household appliances, one can also highlight such bright slogans as “We work – You rest” (certificate no. 248277), which is used by the company Indesit. The company Electrolux registered its slogan "Made with intelligence" (certificate no. 225488). The company Tefal registered its corporate slogan "We care about you".

Automobile manufacturers also practice registering slogans as trademarks, for example, Toyota Motor Company registered its slogan “Drive your dream” (certificate no. 351288), which reflects the company's concept.

Companies providing services also register their slogans. For example, the Beeline communications operator registered the slogan “Live on the bright side” (certificate no. 732702). The slogan “The future depends on you” (certificate no. 707746) belongs to the Megafon mobile operator. The laconic slogan “Feel our love” (certificate no. 573387) belongs to the TNT television network. The slogan “Always nearby” was registered by Sberbank (certificate no. 480362). The famous slogan "There are things that you can't buy. For everything else, there's a MasterCard" belongs to MasterCard (certificate No. 325442). The slogan "There's always room for discovery in life" (certificate No. 731981) was registered by Otkritie FC Bank. The radio station Russian Radio registered the life-affirming slogan "Everything will be fine!" (certificate No. 416103).

Registration of a slogan as a trademark

As can be seen from the above examples, they are bright, memorable phrases that reflect the style of companies and can evoke certain emotions in consumers. Each slogan is unique in its own way, and it is important to secure this uniqueness, which can be done by registering the slogan as a trademark. This procedure is no different from registering verbal, combined, and pictorial marks. To register a slogan as a trademark, an application should be submitted to Rospatent, which can be submitted by either a company or an individual. If the examination is successful, the slogan will be registered as a trademark and can be used legally.

The term of validity of exclusive rights to a slogan, as to any other trademark, is ten years. This term can be extended (during the last year of validity) an unlimited number of times, each time for ten years.

When choosing/creating a slogan, for the purposes of its subsequent registration, it is important to be guided by such points as:

• uniqueness of the slogan (to avoid refusal under paragraph 6 of Article 1483 of the Civil Code of the Russian Federation);
• the slogan must not mislead consumers, must not contradict public interests, principles of humanity and morality (to avoid refusal under paragraph 3 of Article 1483 of the Civil Code of the Russian Federation);
• should not be descriptive in nature, indicate the functionality or purpose of the product (to avoid refusal under paragraph 1 of Article 1483 of the Civil Code of the Russian Federation).

Thus, when developing a slogan, it is important that it not only reflects the concept of the company/product and is memorable, but also complies with the above provisions of the Civil Code of the Russian Federation.

Summarizing the above, it can be noted that in combination with a successful advertising campaign, marketing activities, a large number of slogans have gained wide popularity and successfully established themselves for companies, making them recognizable among consumers. The use of a well-chosen slogan allows consumers to create positive associations with the product, which directly affects sales growth and a positive attitude towards the brand as a whole. Obviously, a well-chosen slogan and the timeliness of its registration as a trademark allows a company to gain competitive advantages and strengthen its position in the market.