ARTICLE · 18 MAY 2023

Slogan Trade Marks – Originality Is Still Key

ENS

Explore more from ENS

In this article, we discuss a recent EU judgment that dealt with the often-tricky matter of slogan trade marks. The issue was whether a company could register the slogan, "other companies...

South AfricaIntellectual Property

Ilse Du Plessis

Author LinkedIn connections

In this article, we discuss a recent EU judgment that dealt with the often-tricky matter of slogan trade marks. The issue was whether a company could register the slogan, "other companies do software, we do support" as an EU trade mark in class 42 for "services relating to computer software, such as consulting, technical, support and maintenance."

Background

The company seeking trade mark protection for the slogan, Rimini Street, Inc, obtained an International Registration for the slogan trade mark other companies do software, we do support in class 42 for the services listed above. But the EU designation of this International Registration ran into difficulties. The European Union Intellectual Property Office ("EUIPO") rejected the EU designation of the International Registration on several grounds:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

PACRA To Start Issuing Digital Certificates For The Registration Of Intellectual Property

South AfricaIntellectual Property

Patent Infringement, Evidence And Claim Interpretation: Key Guidance From The SCA

South AfricaIntellectual Property

Who Really Owns The Ip In Your Stacker? Oem Rights In Mining Equipment Under South African Law

South AfricaIntellectual Property

The Divine Ponytail (No, Not That One): Haaland, Norwegian Air And The Value Of An Athlete's Identity.

South AfricaIntellectual Property

Apple vs Taction | Small Component S, Substantial Patent Risks

South AfricaIntellectual Property

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Intellectual Property
- Trademark

Related Comparative Guides

Comparative Guide

Intellectual Property

Comparative Guide

Patent Litigation

Comparative Guide

Franchise & Licensing

Comparative Guide

Trademark Disputes

See more popular content from

Intellectual Property

Constitutional Court Delivers Landmark But Incomplete Copyright Ruling. Parliament Must Now Seize The Opportunity To Modernise South Africa’s Copyright Law For The AI Era

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.

South AfricaIntellectual Property

When Brands Get Patriotic

The South African flag represents more than national identity—it's a protected symbol with strict legal requirements for commercial use. Businesses seeking to incorporate the flag into their branding or products must navigate complex regulations under the Heraldry Act and Merchandise Marks Act, requiring ministerial consent before use in trade marks, packaging, or advertising.

South AfricaIntellectual Property

Shein's RICO Lawsuit And The Role Of Responsible AI In Preventing Future Legal Controversies

In July 2023, three independent designers filed a lawsuit in California against Shein, the popular online fashion retailer. They allege that Shein sold exact copies of their work which infringes their copyright...

South AfricaIntellectual Property

Unpacking The Trend: The Truth About Parallel Imports And What Consumers Need To Know

As a millennial, it took me a while to embrace the Tiktok trend and ‘get with the Gen Z program'. In between billable work one evening, I found myself scrolling on the app...

South AfricaIntellectual Property

From Template To Trade Mark: Is Your Logo Legally Yours?

In today's digital-first world, graphic design platforms like Canva and Adobe Express have become indispensable tools for entrepreneurs.

South AfricaIntellectual Property

Doing Business in Ghana

South AfricaIntellectual Property

Werksmans Attorneys

The Growing Push For AI Transparency: What South African Businesses Should Know

As artificial intelligence transforms content creation across industries, businesses face mounting questions about transparency, consumer trust, and legal compliance. With the EU mandating disclosure of AI-generated content and South Africa developing its own AI policy framework, companies must navigate emerging risks around intellectual property infringement, misleading representations, and brand protection in an increasingly synthetic media landscape.

South AfricaIntellectual Property

Turning Locally Developed IP Into Battery-sector Opportunities

South Africa is positioning itself as a key player in the global electric mobility and battery value chains through strategic support for locally developed technologies and intellectual property. Can government-backed research partnerships and mineral resources be successfully converted into competitive industrial applications? The collaboration between academic institutions and industry demonstrates a model for technology commercialisation in the energy-storage sector.

South AfricaIntellectual Property

Who Really Owns The Ip In Your Stacker? Oem Rights In Mining Equipment Under South African Law

Mines often believe that stackers, reclaimers, and shiploaders can only be serviced by the original equipment manufacturer (“OEM”) because of associated intellectual property (“IP”) rights. The matter is further complicated when the OEM's IP changes hands. Mines may then have competing claims

South AfricaIntellectual Property

Recent Increase In Trade Mark Filings In South Africa

According to the World Intellectual Property Organisation (WIPO), South Africa is currently grouped under middle-income countries, amongst other African countries such as Egypt and Algeria.

South AfricaIntellectual Property