Uniqueness and memorability are the benchmark for environmental slogans. It is not easy to achieve this, but when the environmental slogan works, it communicates in a way that is hard to beat. And if it can do so exclusively, it becomes part of that brand. Stadtwerke Berlin [Municipal Utilities Berlin] believed it was home and dry with its slogan. And rightly so?
Developing a protectable lifestyle brand is not easy. On the one hand, it should convey a clear message that benefits the company. On the other hand, it should be able to be protected as a trade mark. In practice, it is a balancing act! The case below provides some guidance.
Designations that describe products or services in some way are not classed as distinctive, as is well known, and therefore cannot be registered as a trademark. However, it is possible to overcome this obstacle to protection – provided the designation has acquired distinctive character before it is registered. What exactly must be done to achieve protectability from a trademark through use?
A sign that directly and immediately indicates a particular feature of a product cannot be used as a trademark. However, could a sign be designed to communicate something more by simply adding a graphic?
A great environmental slogan as part of one’s brand can be a game changer. Ultimately, it helps the general public remember a company’s core message about its products or services. However, one can also encounter limitations when attempting to build such a brand monopoly.
Under what conditions can descriptive elements such as FAIR in a composite sustainability brand give rise to a likelihood of confusion?