Slogans are generally marketing tools that can be very powerful in identifying a company and conveying its values or messages in just a few words. Everyone associates the slogan “Because I’m worth it…” with L’Oréal, without much effort. Industries in all sectors appreciate being able to use such phrases, but often struggle to register them as trademarks. The slogan “Stay Influence” is surprising because it is recognised as a valid trademark. Insights and explanations from Sylvie Benoliel-Claux, lawyer at the Paris Bar.
Can the slogan “Stay Influence” constitute a valid trademark for various services in classes 35 and 41 (communication, marketing, entertainment, etc.)?
The European Union Intellectual Property Office (EUIPO), responsible for managing European Union trade marks (EUTMs), initially responded negatively.
The slogan was considered inherently non-distinctive on the grounds that the relevant public would understand the expression to mean “maintain your influence significant” and perceive it as exclusively laudatory information about the quality of the services offered, without being able to refer to a specific origin.
However, the Board of Appeal of the Office overturned this decision. The trademark “Stay Influence” can therefore be registered for all the services covered, mainly for the following reasons.
➡️ A trade mark consisting of an advertising slogan is devoid of distinctive character only when it is perceived by the public as an exclusively promotional formula. It is not necessary for the sign to display a particular level of linguistic or artistic creativity.
➡️ The expression “Stay Influence” (presented in black letters in a simple font, without any particular embellishments) is grammatically incorrect and its meaning may vary depending on the context in which it is perceived.
➡️ The public, who …
