Protection of Advtg. Slogan by Regn. in Australia

Under the Australian Law, many traders have attempted to protect their slogans as trademarks in order to prevent infringement. In order to assess the register ability of a slogan, the Trademarks Office applies the test of whether other traders are likely to desire to use the same mark, or some mark nearly resembling it, upon or in connection with their own goods. This is of particular consequence in relation to the register ability of advertising slogans.

Many slogans which are descriptive and refer to services, to which they relate, are not considered as trademarks for protection. Registration is possible only where there is evidence that the mark has been used to such an extent that it has acquired distinctiveness, for example slogans like ‘worldwide super market of sound’ and “All the coolers in the world” are refused registration because they are descriptive and non-distinctive. Simultaneously, the Australian Law requires that a slogan can only be valid for registration if it is used for three years. The law further demonstrates that the slogan which has no connection between traders and his goods or services and is a phrase type, its use may not be considered. The law also states that, if it is possible to register an advertising slogan as a trademark, the rights in an infringement action may be limited.

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