Slogans that do not include trademarks are now registrable

The Trademark Office of Paraguay is now registering slogans that do not include trademarks. 

 

A 'slogan' is a memorable phrase used in advertising, among other things. Slogans are registrable in all countries of the world, with the exception of Brazil.

 

Article 1 of the Paraguayan Trademark Law (1294/98) states as follows:

“Trademarks are all signs used to distinguish products or services. Trademarks may consist of one or more words, themes, emblems, monograms, stamps, vignettes, embossments; names, fantasy words, letters and numbers with different forms or combinations; combinations and colour display, labels, containers and wrappings. Trademarks may also consist of the shape, presentation or conditioning of products or their containers or wrappings, or of the means or places of sale of the products or corresponding services.”

 

The Trademark Office now interprets this provision as including slogans. Previously, the office was reluctant to register a slogan unless it contained a trademark. However, the office has now started to register slogans even if they do not include trademarks. 
 
If the owner of a well-known trademark applies for the registration of a slogan, the office will usually consider the application favourably on the grounds that the slogan will always be accompanied by the trademark in the media and in trade channels. According to the office, consumers will immediately associate the slogan with the trademark and, consequently, with the source of the goods and/or services. 
 

Importantly, if an applicant wishes to register a mark that includes a slogan, it must file the phrase followed by the word 'slogan'.
 

The fact that a slogan is registered in another country will usually weigh in favour of registration in Paraguay. On several occasions, the office has requested evidence of registration and use of a slogan in other countries.

 

According to the office, a slogan may acquire distinctiveness through use, either by itself or together with a trademark. However, where the slogan is considered to be weak, generic or descriptive, the office will grant protection only if the trademark is added to the slogan.

Hugo T Berkemeyer, Berkemeyer Attorneys & Counselors, Asuncion