Trademark law in focus: can you protect a saying??

Trademark law in focus: can you protect a saying??

Trademark law is a complicated matter. A small detail can often make a significant difference. Quite similar to a game, in which you can already win with a few hints – such as with Ghost Slider Tricks – may be able to achieve a turnaround. If it is about sayings, proverbs or slogans, the differentiation plays a major role. Because not all of it can be protected by trademark law. That’s why we’re advising you on this topic today and showing you in which cases which rights apply.

Proverbs, idioms and sayings

Trademark law in focus: can you protect a saying??

In principle, commonly known sayings or proverbs are not protected by trademark law. There is no copyright on proverbs such as "The apple does not fall far from the tree" or similar sayings that we use every day. The situation is similar with spontaneous slogans. Maybe you have already had a witty or quick-witted saying as an answer during a conversation, which you really enjoyed.

But you can’t legally protect a slogan – just as you can’t legally protect an idea. However, if your slogan is an extremely creative and intellectual creation that is particularly imaginative, you could try to get it patented. But the legal situation is not so simple, and success is not guaranteed. A special case represents a very special kind of sayings, namely advertising slogans.

Slogans in advertising

Slogans take on a special role under trademark law. There are various slogans of major brands that are primarily protected by copyright and, in many cases, legally protected as a trademark. But for this, slogans must also fulfill concrete characteristics. Generally, they can be protected as a so-called word mark. But this only applies if they have a special company reference and consumers do not see it as a purely advertising statement. However, you first have to obtain a copyright for a slogan – this is not always easy. Finally there are strict rules, when the copyright takes effect.

Trademark law in focus: can you protect a saying??

An advertising slogan must therefore be recognized as an intellectual creation and, above all, it must be individual and creative. Nevertheless, it is difficult to have a slogan protected, because it is not uncommon for an official objection to be raised. Therefore, if you want to patent or protect a slogan, you should always consult a lawyer with a focus on trademark law and be prepared for complications.

Further information on trademark and patent law

If you are looking for more and detailed information on the subject of trademark law, then visit the Website of the German Patent and Trademark Office. Here you will find, among other things, the DPMAregister, which provides official publications and is an extensive search option. You can also find helpful information on the following three areas:

Like this post? Please share to your friends:
Leave a Reply

;-) :| :x :twisted: :smile: :shock: :sad: :roll: :razz: :oops: :o :mrgreen: :lol: :idea: :grin: :evil: :cry: :cool: :arrow: :???: :?: :!: