I Use a Slogan For My Business. Should I Take Steps to Protect It?
George Raptis
If you have decided on a catchy business slogan, you will likely use it when advertising your business and its products. You may have wondered, do you copyright or trademark a phrase? Since a slogan is so important to your branding, you should protect it from being copied or misused by other businesses. This article outlines:
- reasons why you should trade mark your business slogan; and
- how to trade mark your business slogan.
Why Are Slogans Important?
A slogan is an important part of your business’ brand since it often sticks in consumers’ minds. A slogan can help distinguish your business from competitors and, therefore, be one of your most valuable assets.
For example, Sanitarium uses the slogan ‘Aussie kids are Weet-Bix kids’ when advertising the popular cereal Weet-Bix.
Like any valuable asset that your business owns, you should take certain measures to protect your brand. Intellectual property protections, like trade marks, can protect your business slogan.
How Do Trade Marks Protect Slogans?
Australian law recognises both registered and unregistered trade marks.
A business often uses unregistered trade marks when they want their slogan to serve as an identifier of their good or service. Businesses typically use this when creating a new product or service, or are in the process of registering a trade mark for this new product or service. Unregistered trademarks are usually identifiable by their ‘™’ symbol. However, an unregistered trade mark is not fully protected under trade mark law and can lead to complex legal disputes.
The High Court recently refused an application of leave brought forward by Kraft Foods Group who continued to sell peanut butter products with the same yellow trade dress as Bega. This was because the peanut butter trade dress was an unregistered trade mark that only protected the goodwill and reputation of the business.
On the other hand, a registered trade mark can provide your slogan with more comprehensive legal protection from 10 years after the trade mark’s filing date. A registered trade mark will carry the symbol ‘®’.
A registered trade mark provides a business owner with the exclusive right to use, license and sell their trade mark. This means that when another business copies or misuses your trade marked slogan when selling similar goods and services to your own business, you may assert your intellectual property rights over that slogan.
Can I Trade Mark Any Slogan?
When registering your trade mark, your slogan will have to meet a certain number of criteria. A trade marked slogan must be:
- distinctive, or not used commonly; and
- available for registration.
A trade marked slogan cannot:
- mislead or deceive consumers;
- offend the public; or
- be too descriptive of the goods or services that your business provides.
Slogans which are commonly used or merely praising the business are unlikely to achieve trade mark registration.
Registering Your Trade Mark
To protect your slogan, you can apply for trade mark registration online through IP Australia but you must follow the application process carefully, as any mistakes in the application can lead to additional costs. Before making an application, you must determine:
- the type of trade mark you are applying for;
- whether there is an existing or similar trade marked slogan that already exists; and
- the class of goods or services that you intend to use your trade marked slogan on.
Once you have determined the points listed above, you may then file an application for trade mark registration with IP Australia. Your application will require:
- your personal details;
- an image or recording of the slogan you intend to trade mark;
- a description of the goods or services that you intend to use your trade marked slogan on; and
- the necessary fee.
The cost of registering your trade mark varies depending on how you apply and whether you apply for one or a series of trade marks. Trademark registration can cost between $250 and $600, not including renewal fees.
Key Takeaways
Trade marking your business slogan can effectively protect your business’ brand identity. A registered trade mark provides you with the exclusive right to use, licence and sell that trade mark. In the instance where someone copies or misuses your business’ slogan, you can assert your intellectual property rights by taking legal action. If you need further legal assistance with protecting your trade mark, our experienced trade mark lawyers can assist. Call us on 1300 657 423 or complete the form on this page.
Frequently Asked Questions
Unlike trade marks, copyright does not protect names, titles, slogans or short phrases.
Trade mark registration only protects your slogan for the class of goods and services approved in the application. This means that other businesses could potentially use the same or a similar trade mark in a non-competing sector for their own goods or services.
If your slogan is not distinctive or is too descriptive, you could try to register it alongside your business logo. In this instance, you should seek a lawyer’s advice.