A slogan can be catchy, creative and effective in advertising, yet still fail to qualify for trademark protection. This is because trademark law does not merely consider whether a phrase is appealing or memorable. The decisive factor is whether it is also understood as a reference to a specific company.

With the Common Practice Guideline (CP17) of the European convergence project, a new framework for assessing the distinctiveness of slogans has been in place since February 2026. This is intended to help ensure that trademark offices across the EU evaluate slogans more consistently.

The underlying principle is that a slogan must do more than simply advertise. Statements such as “faster,” “better,” “easier,” or “made for you” may be communicatively effective, but are often understood merely as general promotional claims. In such cases, the slogan often lacks the individuality required under trademark law.

For example, the slogan “DREAM IT, DO IT” (Classes 35, 36, 41, 45) lacks the originality and impact required to trigger a thought process or interpretive effort among the relevant public that would enable them to remember the mark.

The situation may be different if a slogan has a linguistic peculiarity. Ambiguous statements, wordplay, surprising combinations, or phrasing that is not fully understood immediately can be distinctive. They give the public a reason to categorize the statement mentally and to associate it more readily with a specific provider.

An example of a distinctive slogan is “As Green As White Can Be” (Classes 1, 2, 5). The slogan poses a riddle, since the color “green” is not the color “white.” It therefore requires a certain mental effort to place the word combination in a specific context. In addition, the slogan has a conceptual particularity, which overall results in inherent distinctiveness and can thus serve as an indication of the origin of the business.