20.10.2006
IPD HKSAR
Trade Marks Registry
1
Slogans and phrases
Slogans often consist of expressions that are catchy, clever or topical. They are
frequently used with a main trade mark or house mark to create a positive sentiment,
aura or cachet to be associated with that brand of goods or services. Slogans are not
objectionable in themselves as trade marks; the principal difficulty with them is that
they are often incapable of serving as badges of origin because they consist of
indistinctive, descriptive or generic matter.
Descriptive slogans and phrases
Where a phrase is made up of a combination of words which an average consumer
would regard as one of the normal ways of referring to the goods or services or of
representing their characteristic, objection may be raised under section 11(1)(c), in
addition to section 11(1)(b). Evidence of acquired distinctiveness will be required in
support of the application. For example, DAY BY DAY is descriptive of products
which are produced each day or are delivered each day to the point of sale. The mark
may serve to designate the time of delivery of goods and their qualities. It would be
too readily and aptly applicable to goods such as dairy produce to be distinctive of
them. So would ALL NATURAL! for textiles and garments made of natural fibres,
or foodstuffs free of artificial flavourings. The grant of exclusive rights in the use of
DAY BY DAY and ALL NATURAL! would unfairly restrict the freedom of other
honest traders in describing the kind and intended purpose of their goods and should
be refused under section 11(1)(c).
In the UK, the phrase BAGS OF STYLE has been refused registration in classes 3, 8
and 11 for being a normal way of referring to an essential characteristic of the goods,
and WHERE ALL YOUR FAVOURITES COME TOGETHER for confectionery for
being a natural or normal way of referring to a quality of the goods (the package
contains a variety of confectionery items which sales or other research have