Abstract

Although the harmonisation of EU trade mark law has made it easier to obtain legal protection for brands which are largely descriptive, or at least allusive, brand owners still face particular difficulties when seeking to protect advertising slogans via trade mark registration. These difficulties relate to, first, the fact that many slogans are descriptive, secondly, the way in which they are perceived by consumers, and thirdly, the way in which they are used in practice.

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