A recent decision of the General Court of the Court of Justice of the European Union has confirmed that a ‘green’ slogan will not be deemed acceptable for registration as a trade mark.
Groschopp AG Divers & More tried to register a trade mark for “Sustainability through Quality” in various classes. Slogans can be protected as trade marks if they serve as indicators of origin of the goods or services concerned, which may be achieved where there is some originality, humour or unusual choice of words that lead to distinctive character. The slogan in this case was not acceptable as a trade mark.
Slogans which are made up of laudatory or promotional phrases are unlikely to be acceptable for registration. Following Brexit, decision of the Court of Justice of the European Union are not binding but remain influential on UK law.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or email@example.com: Case Law, Civil Procedure, EU/International, Legal News, News, Trade Marks