Can a Slogan Be Protected as a Trademark? Just Do It
In the UAE and across the globe, viral phrases often lead to questions about potential trademark protection. A recent example is the popular phrase, “HABIBI, COME TO DUBAI,” which, while not initially a slogan, raises the possibility of being registered as one. But can slogans like this be protected as trademarks?
What Qualifies a Slogan as a Trademark?
A slogan is typically a phrase or sentence used to promote a company’s products or services. Its purpose is to embed a brand or product name in the public’s mind. However, the key to securing trademark protection for a slogan lies in its distinctiveness.
In the UAE, Federal Decree Law No. 36 of 2021 does not explicitly address slogans but doesn’t exclude them from trademark protection either. The critical factor for any trademark, including slogans, is that it must allow consumers to immediately associate the slogan with the brand, helping them distinguish the product or service in the market.
The Distinctiveness Standard for Slogans
The standard for distinctiveness in slogans is higher than for other trademarks. A slogan cannot merely provide general information or serve as a promotional message. To be eligible for trademark registration, it must show linguistic or stylistic originality that resonates with consumers.
For example, well-known slogans like “JUST DO IT” by Nike and “NESPRESSO, WHAT ELSE?” by Nestlé have been successfully registered as trademarks because they stand out and create a strong link with the brand. However, most slogans do not meet this high bar of distinctiveness, and only a few can claim trademark protection.
Limitations on Slogan Trademark Protection
Even if a slogan meets the distinctiveness requirement, the scope of protection is narrower than that of traditional trademarks. Common words used in slogans, such as “DO IT” or “WHAT ELSE,” must remain accessible for general use in the marketplace. The protection only extends to the specific marketing contexts related to the product or service associated with the trademark.
For instance, no company could monopolize the phrase “what else” in all marketing contexts, but it would be protected in coffee-related promotions to avoid confusion with the Nespresso brand.
Conclusion: Can Your Slogan Be Registered?
Yes, a slogan can be registered as a trademark, but it must exhibit distinctiveness to qualify. Careful preparation is essential, and businesses should consider presenting the slogan in unique fonts, colors, or arrangements to enhance its originality. Consulting with a specialized intellectual property lawyer is advisable to ensure a smooth application process.
If you’re thinking of registering a slogan, our IP department is ready to assist. Reach out to us for expert guidance in safeguarding your marketing investments.
Legal Insights
- 22 October 2024
- 4 min read
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