January 24, 2025
Slogans and IP are deeply interconnected concepts in the world of corporate communication. Slogans play a key role in brand messaging, serving as concise expressions that capture the essence of a product or service. However, the legal protection of these elements within the scope of Intellectual Property can be complex. This article explores the relationship between slogans and IP, addressing the key challenges and considerations for their protection.
A slogan is a short and memorable phrase used by companies to promote their products or services. In this sense, it serves as an extension of the brand, conveying its values and setting it apart in the market. For example, slogans like “Just do it” by Nike or “Because I’m worth it” by L’Oréal have become iconic and are easily associated with their respective brands.
Slogans are fundamental elements of a brand’s identity. They reinforce recognition by conveying emotions and values that create a connection with the target audience. Therefore, their effectiveness depends not only on creativity but also on consistency with the brand’s overall message.
In the context of Intellectual Property, slogans can be protected as registered trademarks, provided they meet certain legal requirements. According to the National Institute of Industrial Property, a trademark is a sign that distinguishes a company’s products or services from those of others in the market. Thus, for a slogan to be registered as a trademark, it must possess distinctive character and not be merely descriptive.
The protection of slogans under IP requires the fulfillment of specific criteria. These requirements ensure that the slogan is unique, distinctive, and capable of identifying the origin of the products or services in the market.
In order for a slogan to be eligible for registration, it is essential that it is capable of identifying the commercial origin of products or services, distinguishing them from others in the market. Thus, its ability to differentiate is what makes it protectable.
The slogan must exhibit a degree of creativity that makes it unique and not just a common or generic expression. In this sense, originality is one of the key factors contributing to a successful registration.
It is essential to avoid having the slogan directly describe the characteristics, quality, or purpose of the product or service. Therefore, phrases that merely state “guaranteed quality” or “fast service” are unlikely to be accepted for registration.
The registration of slogans involves a structured process that ensures legal protection and exclusive use.
Before submitting the application, it is advisable to conduct a search to check for the existence of similar registered trademarks.
The applicant must complete the trademark registration application form, providing all necessary information, including the representation of the slogan and the list of products or services.
The INPI conducts an analysis of the application, verifying compliance with legal requirements and the absence of obstacles to registration. This stage is crucial for determining the viability of the slogan as a registered trademark.
If the application is considered admissible, it is published in the Industrial Property Bulletin, starting a period during which third parties can file oppositions to the registration.
In the absence of oppositions or after their favorable resolution, the registration is granted, conferring exclusive rights to the holder over the slogan.
Legally protecting a slogan provides several significant advantages, including exclusive use, ensuring that only the holder can associate the slogan with their products or services, thus preventing improper use by third parties. Furthermore, a protected slogan contributes to the brand’s value in the market, strengthening its identity and competitive position. This legal registration also provides a solid foundation for legal actions against counterfeiting or unfair competition practices, ensuring that the holder’s rights are properly protected.
Despite the benefits, protecting slogans can involve some significant challenges. Demonstrating the distinctive character of a slogan is one of the most common obstacles, as they are often composed of generic or commonly used expressions, making it difficult to meet the legal requirements for registration. Additionally, similarity to already registered trademarks or slogans may lead to the rejection of new applications, making it essential to conduct a thorough prior analysis to avoid conflicts.
Companies that invested in protecting their slogans have successfully consolidated their market identity. Notable examples illustrate how this strategy can be effective.
“Just Do It,” from Nike, is globally recognized as one of the most iconic slogans. Besides highlighting the motivational spirit of the brand, it reinforces the company’s positioning as a leader in the sports market. The success of this slogan demonstrates the importance of clear and impactful messages in building a brand’s identity.
On the other hand, “Porque eu mereço” (Because I’m worth it), from L’Oréal, promotes self-esteem and connects emotionally with consumers, creating a powerful and universal message.
The legal protection of this slogan helped ensure that L’Oréal maintained exclusivity in using this phrase, reinforcing its image as a reliable brand.
Thus, in these two cases, the registration of slogans proved to be a strategic decision to strengthen the brands’ presence in the global market.
Slogans are fundamental tools for brand communication, translating their values into simple and memorable messages. However, their protection within the scope of Intellectual Property requires specific care. It is essential for companies to create distinctive slogans, with characteristics that make them unique and unmistakable in the market.
In addition, strict compliance with legal requirements and the guidance of specialized professionals are crucial factors for the success of this registration. Protecting a slogan not only ensures exclusivity of use but also strengthens the brand against competitors, increasing its value and impact with consumers.
