AUDI finally wins battle to protect its slogan “Vorsprung Durch Technik”

Back in January 2003, Audi submitted an application to register its slogan “Vorsprung Durch Technik” (translated as “advance or advantage through technology”) as a Community trademark (CTM) in respect of a wide range of goods and services. This strapline has become one of the most famous and well-used slogans in advertising history hence Audi’s wish to protect it by way of trademark registration.

The CTM Regulations prohibits the registration of trademarks which are devoid of any distinctive character. Audi’s initial application was refused except for goods in class 12 (Vehicles and vehicle components) as it lacked the required distinctiveness. The General Court held that an advertising slogan was only distinctive if it could be immediately perceived as an indication of the commercial origin of the goods or services. Whilst the slogan could have various possible meanings, or be seen as imaginative and unexpected and, so be memorable, this did not amount to it being distinctive. The mark failed to contain anything which allowed the public to easily remember the expression in relation to the goods and services it represented.

On appeal, the Court of Justice set aside the General Court’s findings. The ECJ held that slogans must be assessed by the same criteria as other word marks, they do have to display “imaginativeness” or “conceptual tension and surprise”, and the fact a mark is for advertising purposes is not a reason to reject an application.

The ECJ took the view that a slogan could put across “an objective message, even a simple one” and still be distinctive, particularly where it had “originality or resonance”. In this instance, the features of the mark had a number of meanings and could be perceived as imaginative and unexpected and so easily remembered, these elements were what made the mark distinctive.

Audi secured the right to extend the slogan’s trademark protection beyond vehicles and parts to, amongst other things, clothing and games. This decision is a victory for any brand owners wanting to register slogans as it would seem that such applications will not be refused on the basis of the slogan having a laudatory or advertising message. Going forward it should be easier to obtain trademark protection for advertising slogans.

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accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

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