Advanced

Trademark protections of slogans in theory and practice - a comparison between Sweden, the European Union and the United States

Norrby, My (2004)
Department of Law
Abstract
The trademark term has grown and evolved with time. Promoting phrases, i.e. slogans, are one type of mark that may be protected through trademark law. However, this process has not been simple. The inherent characteristics of slogans have caused great hesitation regarding their protection. Slogans consist of a number of words, sometimes full sentences, and often, include advertising messages. Can such marks really fulfill the requirements to qualify for a trademark registration, i.e. be distinctive and not constitute an unacceptable monopoly? Today, the acceptance of slogans as trademarks is world-wide. The trademark requirements, nevertheless, still eliminate a great number of slogans from receiving protection. Accordingly, slogans with a... (More)
The trademark term has grown and evolved with time. Promoting phrases, i.e. slogans, are one type of mark that may be protected through trademark law. However, this process has not been simple. The inherent characteristics of slogans have caused great hesitation regarding their protection. Slogans consist of a number of words, sometimes full sentences, and often, include advertising messages. Can such marks really fulfill the requirements to qualify for a trademark registration, i.e. be distinctive and not constitute an unacceptable monopoly? Today, the acceptance of slogans as trademarks is world-wide. The trademark requirements, nevertheless, still eliminate a great number of slogans from receiving protection. Accordingly, slogans with a general laudatory or positive content generally encounter severe difficulties to attain a registration, as well as slogans that are extensive in length. Correspondingly, slogans that are easy to remember, as well as slogans that have been used extensively in marketing, are often protected. The United States holds an, in certain aspects, leading position in protecting intellectual property&semic slogans have been protected since the beginning of the 20th century. Sweden constitutes a great contrast, having just recently and thereto, with some reluctance, accepted slogans as trademarks. A close cooperation between the European countries and a legal harmonization within the European Community has forced Sweden to take on an accepting standpoint. Case law from Swedish registration authorities is being synchronized with these new ways. Especially the lower instances seem to take some time to adapt to the changes. Traces of prior views remain and are revealed in a hesitating and inconsequent registration practice and a frequent use of disclaimers. (Less)
Please use this url to cite or link to this publication:
author
Norrby, My
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Immaterialrätt
language
English
id
1560757
date added to LUP
2010-03-08 15:55:27
date last changed
2010-03-08 15:55:27
@misc{1560757,
  abstract     = {The trademark term has grown and evolved with time. Promoting phrases, i.e. slogans, are one type of mark that may be protected through trademark law. However, this process has not been simple. The inherent characteristics of slogans have caused great hesitation regarding their protection. Slogans consist of a number of words, sometimes full sentences, and often, include advertising messages. Can such marks really fulfill the requirements to qualify for a trademark registration, i.e. be distinctive and not constitute an unacceptable monopoly? Today, the acceptance of slogans as trademarks is world-wide. The trademark requirements, nevertheless, still eliminate a great number of slogans from receiving protection. Accordingly, slogans with a general laudatory or positive content generally encounter severe difficulties to attain a registration, as well as slogans that are extensive in length. Correspondingly, slogans that are easy to remember, as well as slogans that have been used extensively in marketing, are often protected. The United States holds an, in certain aspects, leading position in protecting intellectual property&semic slogans have been protected since the beginning of the 20th century. Sweden constitutes a great contrast, having just recently and thereto, with some reluctance, accepted slogans as trademarks. A close cooperation between the European countries and a legal harmonization within the European Community has forced Sweden to take on an accepting standpoint. Case law from Swedish registration authorities is being synchronized with these new ways. Especially the lower instances seem to take some time to adapt to the changes. Traces of prior views remain and are revealed in a hesitating and inconsequent registration practice and a frequent use of disclaimers.},
  author       = {Norrby, My},
  keyword      = {Immaterialrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Trademark protections of slogans in theory and practice - a comparison between Sweden, the European Union and the United States},
  year         = {2004},
}