In the European Union (EU), slogans can be registered as verbal trademarks, provided they are distinctive and capable of identifying a company’s goods or services. The protection is governed by Regulation (EU) 2017/1001, which establishes the rules for trademark registration in the EU.

In the United States, the registration of a slogan as a trademark before the United States Patent and Trademark Office (USPTO) is the primary form of protection. With this registration, the company obtains the exclusive right to use the slogan in relation to the goods or services for which it was registered.

Therefore, those who wish to protect a slogan or advertising expression should carefully consider the available forms of protection and choose the one that best serves their interests.

If you have any questions or wish to understand the best ways to protect your business’s slogan and how the process works, please contact one of our specialized attorneys on the subject.

A crucial step for protecting slogans is to establish its precedence, to avoid disputes over its creation date. Therefore, the following strategies can be adopted:

• Filing a trademark application: Apply to register the slogan as a trademark before the Brazilian Patent and Trademark Office (BPTO). Even if the application is rejected on the basis of article 124, item VII, of the LPI, registration guarantees the priority date of use and makes the right public to third parties.

• Registration at a Notary’s Office: Register the slogan and associated concepts at a Notary’s Office is also possible. In this case, the expression will not be publicized.

• Registration with the National Library: Is it also permitted to register the slogan in the context of an advertising piece or in a record to establish the date of its creation.

In addition to these options, if the slogan is original and creative, and is part of a larger work, such as an advertising campaign, it can be protected as an intellectual work by the Copyright Office of the Brazilian National Library.

Although the registration of a slogan only as a means of advertising is not permitted by the current Brazilian industrial property legislation and, in spite of slogans already being protected by the institute of unfair competition, according to articles 195 and 209 of the Brazilian Industrial Property Law (LPI), in a recent event promoted by the agency, it was announced that it will be possible, soon, to register slogans with a certain degree of originality as trademarks. This registration will make it easier to prove authorship and will become an important instrument to establish its creation date.

Wish to know how to protect your slogan internationally? Click in the bio link to read our article about the matter or contact one of our specialized attorneys.

https://www.araripe.com.br/2024/10/08/como-proteger-um-slogan-ou-expressao-de-propaganda/

Have you ever thought about protecting your company slogan? That phrase that you love so much and that represents your brand? Slogans such as “If it’s Bayer, it’s good”, “Just do it” and “Red Bull gives you wings” are directly associated with the Bayer, Nike and Red Bull brands, respectively. These examples of slogans are used by companies to attract the public’s attention, creating a strong connection between the phrase and the brand.

Article 73 of the old Brazilian Industrial Property Code, Law n. 5.772, provided for the protection of advertising expressions or signs. However, with the new Brazilian Industrial Property Law (LPI), article 124, item VII, the registration of a “sign or expression used only as a means of advertising” as a trademark is prohibited.
This change in legislation stems from the understanding that slogans, due to their generic nature and predominantly promotional function, use common words and expressions, which makes it difficult to distinguish between trademarks. They argue that this goes against the purpose of trademark registration, which is to uniquely identify a company. Furthermore, exclusivity over slogans could limit creativity and free competition in the market, since the main purpose of a slogan is to promote a product or service, not to identify a company.

Protection against unfair competition is fundamental when it comes to advertising slogans. Unfair competition is any practice that lawfully harms the reputation or business of a competitor or creates confusion in the market. For this reason, slogans are protected by the institute of unfair competition, according to articles 195 and 209 of the LPI.

Although it is not currently possible to register a slogan as a trademark before the Brazilian Patent and Trademark Office (BPTO), at a recent event organized by the agency, it was announced that it will soon be possible to register slogans with a certain degree of originality. This registration will make it easier to prove authorship and will become an important tool for establishing the date of creation. Currently, there are a few ways to protect slogans. One is to register the slogan before the Brazilian National Library as part of an advertising piece.

Wish to know more about protecting your advertising expression or slogan? Contact one of our lawyers and make an appointment.