The European Union Intellectual Property Office (EUIPO) has introduced a new framework to evaluate the legal protection of slogans as trademarks. Effective November 8, 2025, the Common Practice on the Distinctive Character of Slogans (CP17) aims to standardize how trademark offices across the EU assess the eligibility of slogans. This update reflects a growing emphasis on balancing promotional messaging with the functional requirements of trademark law.
Slogans, often used in advertising, face unique challenges in securing trademark status. While they may enjoy the same legal protections as other marks, their primary role as marketing tools makes proving distinctiveness more complex. CP17 addresses this by outlining criteria that help distinguish between promotional content and trademarks capable of identifying a source. The document emphasizes that a slogan must transcend its role as a mere advertisement to serve as a badge of origin.
Key elements of CP17 include factors that may enhance a slogan’s distinctiveness. For instance, slogans with multiple meanings, such as "We make up your mind" for cosmetics, leverage ambiguity to engage consumers. Wordplay, like "Where dresses come true" reimagining "where dreams come true," can also elevate a slogan beyond its promotional function. Similarly, conceptual intrigue - such as the juxtaposition of literal and metaphorical interpretations in "Software with a byte" - demonstrates how creativity can meet trademark standards.
However, CP17 also highlights the limitations of purely promotional slogans. Examples like "Dream it, Do it!" or "Don’t risk your home safety" are rejected for lacking the cognitive effort or interpretive depth required to function as trademarks. These slogans are perceived as straightforward advertising, failing to distinguish the source of goods or services. The General Court has reinforced this stance, emphasizing that slogans must avoid being immediately understood as value-driven or informative.
For businesses, CP17 offers clarity but also raises the bar for slogan creativity. Companies must now prioritize slogans that introduce conceptual tension, linguistic novelty, or unexpected associations. Even simple phrases can qualify if they prompt reflection or reinterpretation, such as "What do clouds smell like?" for cloud computing services. This shift underscores the importance of aligning slogan design with trademark functionality rather than relying on conventional marketing language.
The implementation of CP17 in early 2026 will require trademark offices to adopt a more rigorous approach to evaluating slogans. Legal practitioners and brand owners alike must now navigate a landscape where promotional messaging must demonstrate a clear ability to identify a source. As the EU market becomes more competitive, the distinction between advertising and trademark will increasingly depend on the ingenuity and originality of the slogan itself.