‘Just Do it’; ‘Vorsprung durch Technik’;‘Every Little Helps’: Straplines and slogans constitute some of the most iconic branding created, yet checking that a new line has not been previously used poses particular difficulties from a brand clearance perspective. AdSlogans is a long established and unique specialist search tool designed to meet this need.
Despite their value, many lines are not registered as trade marks. There are a number of reasons for this. They are often descriptive, which makes them difficult to register; trade mark registries can be reluctant to register them in any case when they consider them a promotional tool rather than a trade mark and also because sometimes brandowners do not take steps to register them, perhaps because a campaign might be over before the application for a trade mark achieved registration, perhaps because the thought to protect did not occur as it was not a traditional trade mark.
If a third party has been, or is, using a line for same/similar goods or services and has built up good will in that line, then there is a risk that by adopting a same/similar line there might be public confusion which could enable the owner of the earlier line to bring an action for passing off. This could lead to an injunction being granted preventing the use of the later line, as well as damages. Just as important are the PR embarrassment of being forced to re-brand, lost media space and related costs due to having to pull the campaign and the delay to sales caused by time needed for a further re-brand and re-launch.
AdSlogans was created to meet this risk by researching whether same or similar lines have been used in previous campaigns or associated with other brands. Established in 1990, AdSlogans has built up a database of over 500,000 straplines which is constantly updated. When a search is commissioned a report is compiled results from a number of different sources:
- The AdSlogans database
- Basic trade mark search
- Online search resources
- Third party data feeds
Types of Search
We provide a number of different searches. LineCheck is the most frequently requested search.
LineCheck: Investigates whether a particular strapline has been used before
BizCheck: Investigates use of straplines within a particular brand category
WordCheck: Investigates use of a specific word within a particular brand category
All of the above can be conducted either just in the UK, or ‘globally’ for use as an English language line in the following territories: UK; Ireland; USA; Canada; and the EU trade mark register.
AdSlogans searches are provided on the following exc VAT fixed cost basis.
|Services||Fee - Standard||Fee - Premium (under 24 hour turnaround)|
The relationship between AdSlogans searches and other searches
The key search when creating a new brand, business name. logo or strapline is to conduct a trade mark search. If a conflicting trade mark is already registered then the owner of that mark is going to have a monopoly over usage of that mark for the goods/services it is registered for. It is far easier to bring a claim for trade mark infringement than for passing off. The good news is that unlike unregistered trade marks, there is a central register containing details that can easily be searched. If there are no conflicting registrations, then this is encouraging, but not definitive clearance as unregistered marks also need to be checked and this is where additional searches such as AdSlogans, company name, domain name and common law searches are complementary searches that assist in overall risk analysis.
The AdSlogans search can include a basic trade mark search, however this is no substitute for a full trade mark search. The AdSlogans search will only look for identical marks, whereas the full search looks for similar marks and contains a professional analysis of the risks identified.
How to order your search or answer your AdSlogans questions
Please call us on +44 20 7074 8379, email us at email@example.com.
Media coverage from Lewis Silkin's acquisition of Adslogans12 April 2018
The announcement that Lewis Silkin has acquired Adslogans has sparked media interest, including comment from our Trade Mark and IP Portfolio Management Partner, Dominic Farnsworth.
Dominic Farnsworth comments for The Global Legal Post: Lewis Silkin acquires slogan company to expand trade mark and brand services11 April 2018
In an article for The Global Legal Post, Dominic Farnsworth states the acquisition of Adslogans will "offer a seamless and value-adding service to clients looking for added peace of mind on branding projects and campaigns."
Lewis Silkin acquires Adslogans to expand trade mark and brand services10 April 2018
Top 100 UK law firm Lewis Silkin LLP today announces the acquisition of the specialist global marketing slogan search and resource provider, Adslogans, as the firm continues to expand and diversify its market-leading suite of legal and complementary non-legal services to brand owner community and the creative industries.