Distinctiveness of slogans: strategic insights and implications for trademark filing

Slogans are powerful: they are memorable, emotional, and capable of shaping consumer perception. However, trademark protection for slogans has always been more challenging, especially when filed as mere taglines, with no additional outstanding graphical representations or stylizations. Often seen as mere promotional or laudatory messages rather than indicators of commercial origin they are more vulnerable to refusals.

On November 8, 2025, the European Union Intellectual Property Office („EUIPO”) took an important step towards harmonizing the examination of slogan trademarks across the European Union (“EU”) by adopting the Common Practice on the Distinctive Character of Slogans („CP17”). The document is publicly available in English pending its translation into all 22 EU languages. Implementation of the practice by the national Intellectual Property Offices of the Member States is scheduled for the first quarter of 2026[1]. 

Legal framework and the concept of slogans

According to Article 4(1)(b) TMD[2], trademarks which are devoid of any distinctive character shall not be registered or, if registered, shall be liable to be declared invalid. This stipulation is similarly upheld in Article 7(1)(b) EUTMR[3] and transposed in art. 5(1)b of the Romanian Trademarks Law[4].

For a trademark to be considered distinctive, it must enable consumers to identify the goods or services for which registration is sought as originating from a specific undertaking, thereby distinguishing them from the goods or services of other undertakings. Distinctiveness is assessed in relation to the goods or services in question, as well as in terms of how the relevant public perceives the mark.

Applicable trademarks legislation (TMD, EUTMR or the Romanian Trademarks Law) does not define what constitutes a “slogan”. Dictionaries generally describe a “slogan” as a short, easily remembered phrase, used to advertise an idea or a product. 

Although slogans are usually promotional, the Court of Justice of the European Union (“CJEU”) has confirmed in numerous cases that they can also act as trademarks if consumers perceive them as indicating the commercial origin of the goods or services.

To be registered, a slogan must show distinctive character. This usually means it should have some originality, create a certain “resonance”, or require the public to think or interpret it, not just read it as a simple promotional message. Even if it does not trigger a strong cognitive process, it may still be distinctive depending on the case.

Five key factors that can make a slogan distinctive

CP17 identifies several factors, none of which is in itself a decisive factor, that have been developed in the case law of the CJEU and the General Court. These factors may indicate that a slogan has distinctive character, based on an overall assessment:

1.      Multiple meanings – Ambiguous slogans that invite interpretation tend to be memorable.

Example: “We make up your mind” (for cosmetics in Class 3) – plays on the number of meanings of the phrasal verb “make up”.

2.     Play on words – Puns, twists, or linguistic creativity to make a slogan more memorable by requiring an intellectual or mental exercise to comprehend the meaning and content.

Example: “Where dresses come true” – (for dresses in Class 25 and tailoring services in Class 40) is a play on words on the familiar phrase “where dreams come true”. 

3.     Conceptual intrigue or surprise – Unexpected combinations, paradoxes or metaphors spark curiosity, making the slogan more engaging and prompting the relevant audience to consider its meaning.

Example: “Software with a byte” (for computer game software in Class 9 and software development and design in Class 42) carries a layer of conceptual intrigue and surprise with the literal versus metaphorical “bite”.

4.     Originality or resonance and/or cognitive process or interpretative effort: – Fresh, imaginative, or emotionally evocative slogans that captures the public’s attention.

Example: “Bottle the Chaos” (for energy drinks and sodas in Class 32) stands out due to its originality and the intriguing resonance it evokes.

A slogan may also be distinctive if it triggers a cognitive process, meaning the public needs to think or interpret its meaning. Example: “Getting Words to Work” (for among others business advisory services, writing publicity text in Class 35), combines words in an unconventional manner.  

5.     Unusual syntactic structures and/or linguistic devices – Altered structures, alliteration, rhyme, metaphors, or unconventional structure can help.

Example: “IT’s APP2You” (for computer software) – creative homophone and structure.

CP17 further highlights slogans that were refused because they were merely promotional messages, banal expressions, or immediately understandable. They were found to be:

• Motivational statements: “Dream it, Do it!”, “Take Control of Your Data”, “Don’t risk your home safety”, or “Save with us”;
• Value statements (lacking fancifulness or any originality): “Pioneering for You”, “Create Delightful Human Environments”;
• Customer service statement (banal expression): “So what do I do with my money”, “It is already there before you even need it”.

These slogans were found grammatically correct, direct with clear and simple meanings, and perceived immediately as promotional. 

Additionally, CP17 provides examples of slogans found distinctive, as they introduce creativity, intellectual effort, cognitive processes, or conceptual intrigue. These slogans make consumers pause, reflect, or reinterpret, making them more likely to function as indicators of origin.

• “BEAUTY NEEDS TO TRAVEL” (cosmetics in Class 3, among other classes): the sign conveys an abstract message and evokes conceptual intrigue, bringing originality to the concept;
• “As Green As White Can Be” (chemical preparations […] in Class 1, mineral pigments […] in Class 2, calcium salts for pharmaceutical use in Class 5, among other classes): the slogan poses a riddle that triggers reflection and evokes an element of conceptual intrigue;
• “What do clouds smell like?” (cloud computing service in Class 42), “Colder than your ex’s heart” (beer in Class 32): A combination of words that triggers an intellectual effort in the mind of the relevant public;
• “Elevate Your Senses” (elevators in Class 7): has a double meaning (literal vs. metaphorical) and implies an intellectual effort due to the play on words.

That said, a slogan lacking inherent distinctiveness may still be protected if it has acquired distinctiveness through use. Even where a slogan is considered too laudatory or descriptive, trademark protection may be obtained if the right holder can prove that, through extensive use and promotion, the relevant public associates the slogan with a particular undertaking. This must be supported by substantial evidence, such as significant advertising investment, high sales volumes, consumer statements and, ideally, market surveys.

Conclusion

CP17 further reinforces the fact that slogans, like shapes, sounds, and other less traditional trademarks, are assessed under the same distinctiveness criteria as any other trademark[5]. This confirms that all trademarks follow the same legal principles. 

When it comes to slogans, it is important to avoid straightforward, motivational or descriptive statements. To save efforts and legal challenges, right holders should use the five factors in CP17 to choose the combination of words with: multiple meanings, play on words, conceptual intrigue, originality/resonance and unusual syntax. Meeting at least one of these criteria increases the chances of registration, while failing to meet any of them is likely to result in a refusal.

While the EUIPO’s CP17 provides clarity, it also sets a higher creative standard. This presents both an opportunity and a challenge for rights holders: they must create compelling slogans that can be used as marketing tools and protected as intellectual property.