From marketing line to trade mark: when slogans work

Slogans are a familiar part of branding. They can be memorable, campaign ready and highly effective in advertising. The challenge is that, when filed as a trade mark, many slogans are treated as no more than promotional messages and are refused for lack of distinctive character. If you saw “Colder than your ex’s heart” on a beer can, or “Save with us” from a debt adviser, how do you think of them, as indicators of commercial origin, or simply as marketing?

The EUIPO Management Board unanimously adopted CP17, the Common Practice on the distinctive character of slogans, on 8 November 2025. Participating national offices are expected to implement it in the first quarter of 2026. CP17 aims to bring more consistency and predictability as to how slogan applications are assessed across the EU.

CP17 does not change the law but rather provides guidance on how slogan distinctiveness is assessed, with examples of what is accepted as a trade mark and what is refused.

Why do slogans often fail as trade marks?

The starting point in CP17 is consumer perception. Slogans are commonly understood as promotional formulae. If the relevant public perceives a phrase as a clear, direct and ordinary marketing message, that phrase is unlikely to be seen as an indication of commercial origin and is therefore likely to be refused as a trade mark for lack of distinctive character.

Slogans are not subject to a stricter legal test than other word marks. The same distinctive character principles apply. The practical question is whether the slogan has features that mean consumers will also recognise it as a badge of origin, not only as marketing formulae.

What does CP17 add?

CP17 sets out a non-exhaustive list of features that may indicate a slogan is capable of functioning as a trade mark. The assessment is made on a case by case basis, taking into account the goods and services and the overall impression of the phrase. No single feature is decisive.

A slogan tends to have better prospects where it demonstrates one or more of the following. More than one meaning, a play on words, conceptual intrigue or surprise, originality or resonance that triggers an interpretative effort, or unusual syntax or stylistic devices such as alliteration, metaphor, rhyme or paradox.

Looking back at the two slogans mentioned at the beginning of this article:

“Save with us” for debt advisory services is likely to be treated as a mere marketing tool. It is simple, straightforward and promotional. It tells the consumer what the service will achieve – saving money – in ordinary language without ambiguity or an obvious interpretative step. It could also be perceived as the sort of encouragement that many traders might wish to use.

“Colder than your ex’s heart” for beer sits in a different category. It uses metaphor and humour and does not convey a direct product description in plain terms. The consumer is required to make a conceptual jump, connecting the exaggerated imagery to the experience of drinking cold beer. That conceptual distance helps push the slogan beyond pure promotion.

The UK position

CP17 does not apply in the UK, which is no longer in the EU. UK applications for slogans are assessed under UK trade mark law.

That said, the UKIPO’s examination guidance in the Manual of Trade Marks Practice (the “Manual”) on slogans is broadly aligned with the guidance of CP17. The same question – does the slogan, when used in relation to the specified goods and services, have the capacity to function as a standalone badge of origin? – applies equally in the UK.

The Manual recognises that whilst slogans can be harder to register in practice, the same legal test used for other marks still applies. There are a broad set of common pressure points, including plain descriptive language, common descriptive phrases, value statements, inspirational or motivational statements, customer service statements, purely promotional statements, and, in appropriate contexts, decorative use on clothing.

The Manual also provides practical examples:

“CATCH A WRINKLE IN TIME” for cosmetic preparations is an example of a slogan with better prospects than a plain descriptive claim. The phrase communicates an idea linked to the goods but does so in a less direct way and relies on wordplay, which often provides distinctiveness against a straightforward promise such as “reduces wrinkles”.

“JUST DO IT” and “GO FOR IT” are also used to show how context can be decisive. “GO FOR IT” for training courses is motivational and is likely to be found non-distinctive in that context because it reads as generic encouragement that could apply to any provider.  By contrast, “JUST DO IT” for sports shoes may be acceptable as a trade mark where it makes only an opaque reference to the product rather than functioning as a clear promotional message about the goods.

“I ♥ My Boy Friend” on a T-shirt is a good illustration of decorative use. The Manual notes that certain phrases are commonly used as personal statements on clothing, particularly on the front of garments. In that setting, consumers may perceive the phrase as decoration or self-expression rather than as an indicator of trade origin.

Practical points

1. Assess slogans early. If trade mark registration is in consideration, make adjustments before filing, for example, by refining the wording, narrowing the specification, or adjusting filing strategy.
2. Avoid slogans that do no more than make a clear promotional claim or make a straightforward promise or simply encourage. Slogans as trade marks do better when they include a twist, for example wordplay, metaphor, paradox, or genuine ambiguity.
3. Context matters. The same words may be assessed differently depending on the goods and services. In the UK, decorative slogans on clothing are likely to fail as trade marks since consumers may not perceive them as indications of origin.

Slogan protection is rarely a box ticking exercise. Each application will be taken on its merits. CP17 helps by providing practitioners and examiners alike with a clear structure for assessing risk and for explaining the likely outcome.