It is not enough to review the application for a slogan trademark only from two points: whether the phrase applied for registration and the slogan are original phrases or slogans created by the applicant, and whether they have become common advertising terms in the industry. The view that as long as a phrase or slogan is original and has not become a common advertising term in the industry, it will naturally have the distinctive characteristics of a trademark is worth debating. As a mark that distinguishes the source of goods or services, a trademark’s essential function is to identify a specific producer or provider of goods or services, and its inherent function is to distinguish; while the essential function of a phrase or slogan is to promote an enterprise’s business philosophy or its provision A certain characteristic of goods or services whose inherent function is advertising. Therefore, for a phrase or slogan to become a trademark, it must be actually used by the applicant so that consumers can easily associate the phrase or slogan as a trademark with a specific enterprise. In other words, when applying for the registration of trademarks such as phrases and slogans, it is not only necessary to examine whether they are original and whether they have become common advertising terms in the industry, but also whether they have acquired distinctive features in the sense of a trademark through actual use, thereby making consumers Readers can quickly associate with a specific business as soon as they see the phrase or slogan.
A slogan is a short sentence used to promote a product or service. For example, "We Try Harder" is a slogan adopted by the AVIS car rental company. The issue here is whether one company can obtain exclusive rights to a slogan so that no other company can use it.
The answer to this question is derived by applying the general principles of trademark law. If the slogan is already considered a distinctive mark of a particular business, it can be used as a trademark. However, it is more difficult for a slogan to acquire a second meaning than for a word or name. Furthermore, it is extremely unusual for a slogan to be used as the sole trademark for a product or service. Often, the slogan is attached to the trademark, as in the example cited above, where the trademark is "AVIS" and the slogan is "We Try Harder."