Bass, Berry & Sims attorney Martha Allard authored an article that was published by InsideCounsel.com discussing the benefits of a distinctive slogan and making the case for its registration and enforcement. For the most part, the best slogans are short, simple statements that are synonymous with the overall brand. After a slogan is created, it's important to protect it. "Because some slogans can enjoy such success, when your marketing team comes to you with a new slogan, it's important to know that the slogan can and should be protected and enforced in the same way as a traditional trademark," explains Martha.
In the article Martha offers suggestions about selecting and protecting a slogan; for example, a clearance search should be conducted for a slogan to make sure that it does not infringe the rights of a prior user. Registering it with the U.S. Patent and Trademark Office is another important step. Slogans may be registered in the same way that traditional trademarks are registered. As a result, they can enjoy the same benefits, including a legal presumption of ownership. Martha outlines the many benefits of having a distinctive, registered slogan, including how it can be the basis to force the transfer of objectionable domain names.
The full article, "Can You Hear Me Now? How to Make Your Trademark Slogan Heard Over the Crowd," was published by InsideCounsel.com on March 23, 2016 and is available online or in the PDF below.
This content is part of a series of articles focused on intellectual property issues published by InsideCounsel.com and authored by Bass, Berry & Sims attorneys. Click the link below to read other articles in the series.
- "(Don’t) Go Phish: IP Considerations Amid the Rise of Business Email Scams," InsideCounsel.com (April 6, 2016)
- "How to Enforce Your IP Rights Without Waking the Internet,” InsideCounsel.com (April 27, 2016)
- "You Successfully Registered Your Trademark. What's Next?," InsideCounsel.com (June 21, 2016)
- "Using Social Media to Defend Against the Trademark Bully," InsideCounsel.com (July 19, 2016)
- "Get Ahead of the Game: The Impact of the New EU Data Protection Law," InsideCounsel.com (August 2, 2016)