Why the UK believes slogans may not function as trademarks

A recent Practice Amendment issued by the United Kingdom Trade Marks Office (PAN 1/06 — Issued January 2006) attempts to un-muddy the water concerning the registration of slogans as marks in the UK. Basically, the Notice maintains that while no stricter standard is to be applied to slogans than to other marks, slogans "are by their nature, adapted for use in advertising and examination should take full account of notional and fair use in that context." The underlying principle is to question whether slogans truly have the capacity to individualize the goods or services of an undertaking or whether their primary function is to serve as a promotional statement. Accordingly, examination of slogans should fall alongside other non-conventional marks that the public is slow to recognize as source identifiers. Thus, unless the slogan mark is obviously fanciful, impenetrable or unusual, resistance to registration should be anticipated.