Since 2012, the trademark offices of the EU Member States and the EUIPO have been working in convergence projects to achieve the most consistent decision-making practice possible. Convergence Project 17 (KP17/CP17) addresses the question of when slogans are distinctive enough to be registered as trademarks and which factors typically play a role.
What is changing at the DPMA?
The German Patent and Trade Mark Office (DPMA) will implement the Common Practice and the related guidelines as of 16 February 2026. At the same time, the DPMA clarifies that the outcomes are consistent with its previous decision-making practice. Therefore, this does not entail a stricter standard for applicants in substance, but it does provide additional, transparent guidance based on harmonised criteria and practical examples.
Key takeaways from KP17/CP17: Which factors may support distinctiveness?
The Common Practice provides a non-exhaustive list of factors that may—depending on the individual case—serve as indicators of distinctiveness. These include in particular:
- Ambiguity: The slogan allows for multiple interpretations.
- Wordplay: A linguistic double meaning or a deliberate “twist.”
- Conceptual originality/surprise: The slogan appears imaginative, unexpected, or unusual.
- Originality or impact: The slogan stands out and differs from typical advertising claims.
- Mental effort/need for interpretation: The slogan requires thought or a certain degree of interpretation.
- Unusual syntactic structures/stylistic devices: e.g., alliteration, metaphor, rhyme, paradox, etc.
Important: No single factor is decisive on its own. What matters is always an overall assessment of all circumstances of the individual case.
When does it become critical?
Slogans typically fail registration when the public perceives them merely as a banal advertising phrase—i.e., a simple, direct promotional message without any added originality, tension, or room for interpretation.
Our tip for trademark applicants
If you intend to file a slogan as a trademark, it is worth doing a quick check in advance:
- Is the slogan more than just a pure advertising message?
- Does it contain a linguistic or conceptual “hook” that makes it memorable?
- Does it fit the list of goods/services without merely describing them in a straightforward way?
We would be happy to support you in assessing registrability and developing a suitable filing strategy—also in combination with a figurative mark (logo) or a step-by-step filing approach.
Examples from the Common Practice (KP17/CP17)
A) Examples of non-distinctive slogans
These examples are typically assessed as banal, promotional, or exhortative, lacking sufficient originality or interpretative effort:
- “DREAM IT, DO IT!” (Classes 35, 36, 41, 45): A general motivational/advertising message without particular originality or any need for interpretation.
- “Pioneering for You” (Classes 7, 9, 11, 37, 42): A positive performance promise that is clearly understood and lacks ambiguity or a “twist.”
- “CREATE DELIGHTFUL HUMAN ENVIRONMENTS” (Classes 9, 19, 37): From the perspective of the relevant public, this mainly describes the aim/claim of the goods and services—i.e., a typical advertising slogan.
- “IT IS ALREADY THERE BEFORE YOU EVEN NEED IT” (Class 39: delivery of parcels): A service promise (speed/reliability) without any surprising or original message.
- “Take Control of Your Data” (Classes 36, 38, 42): A typical call-to-action/benefit message that directly targets purpose/function.
B) Examples of distinctive slogans
These examples go beyond a mere advertising message (e.g., through wordplay, ambiguity, conceptual “friction,” or vivid imagery):
- “BEAUTY NEEDS TO TRAVEL” (inter alia Classes 3, 16, 35): Ambiguous/abstract; an unusual idea (“beauty travels”) → requires context and mental effort.
- “As Green As White Can Be” (Classes 1, 2, 5): A paradox/oxymoron (“green” vs. “white”) → creates a need for interpretation rather than a direct product description.
- “What do clouds smell like?” (Class 42: cloud computing services): Plays on the ambiguity of “clouds” → unusual and not immediately descriptive.
- “Colder than your ex’s heart” (Class 32: beer): A humorous exaggeration without a direct product description → prompts reflection and is memorable.
- “LOOSEN UP IN THE CLOUDS” (Class 39: air travel services): Metaphorical (“in the clouds”) + an interpretative step is needed to connect it to the service.
- “Elevate Your Senses” (Class 7: elevators): Wordplay/ambiguity of “elevate” (to lift/raise vs. to enhance the senses) → triggers mental engagement.
- “Trust the Silence. Hear What’s Next” (Classes 9, 41): A contrast between silence and sound plus a suggestive, non-technical message → an emotional need for interpretation.
- “Eyeing the future” (Class 44: optometric services): pun (“eyeing”) + not directly descriptive → requires a mental step (thought process).