30th March 2016 - Gail Butler

How do you make people feel good with a trademark?

And, how do you come up with a great slogan for your business?

McDonald’s recently filed a new trademark in the United States for the slogan “the Simpler the Better”. The trademark was filed on 4 March 2016 in class 43, claiming “Restaurant Services”. A class 43 trademark mainly covers services for providing food and drink and also temporary accommodation.

Filing a trademark for a slogan is certainly a way to change up your brand with a new look and feel. But has McDonald’s got it right this time? McDonald’s is certainly no stranger to trying out new trademarks to lift its brand image.

In 1996, McDonalds filed in the United States for “It’s McDonald’s with a Grown Up Taste’ but the brand strategy failed to inspire customers to the idea of an Arche Deluxe Burger for a sophisticated experience. The thing is, people go to McDonald’s for convenience and not for a gourmet meal. The company abandoned the trademark in 1998.

McDonald’s also filed for A.M.Azingly and A.M.AZING in 2014 but both trademarks were abandoned in 2015. Then there was Route M filed in 2014 and abandoned in 2015. The mark MIGHTY WING filed in 2013 didn’t take flight either and was abandoned in 2015 with CEO, Don Thompson saying the chicken wings weren’t the smash success that McDonald’s had hoped for.

In Australia, McDonald’s has filed for a host of new trademarks including for THE CORNER MCCAFE EST., LEGEND CHICKEN BURGER, M, MCCAFE, Wi-Fry, mymaccas and McCruffin.

McDonald’s opened The Corner McCafé in 2014 in Camperdown, Sydney. The area is known as a “hipster haven”. The median age in Camperdown is 30 and over 60% of its population have never married. It looks nothing like the McDonald’s we know but has all the signs of hip, earthy and artsy. Healthy alternatives are offered like a “Cucumber & Mint Craft Soda”, a “Moroccan Chicken and Charred Pumpkin” and a “Bed of Brown Rice and Leafy Greens”.

It is not easy to get “cool” right or to pick the perfect name for your startup. To come up with a killer slogan is even more difficult.

You may think a trade mark is a great name but when it comes to the global market, and launching your brand on the Internet, your startup name could turn out a flop. Names can quickly become dated if you haven’t considered how an industry may evolve. A lot of companies used the word “cloud” in their products and services but the name is not novel anymore and savvy consumers know that.

Brand mistakes are also not easily forgotten by social media. On the Internet, words never die. The racy image put out by Abercrombie & Fitch in past years has misfired and alienated the company’s potential customers. Previous Abercrombie and Fitch CEO, Mike Jeffries made comments in 2006 about how “uncool” kids and “fat women” shouldn’t be wearing the brand’s clothes and that he only wanted “good-looking people” in his stores which caused a social media backlash.

Tellingly, the company abandoned the trademark UNDENIABLY SEXY in 2009. The company filed for SEXY BUTT in 2008 and abandoned the name in 2010.  The trademark FLEX YOUR ASSETS filed for in 2011 was abandoned in 2015. Then, the trademarks BRA LIBRARY and CHASING THE PERFECT BUTT were abandoned in 2014.  BETTYS BODY filed for in 2007 was abandoned in 2015.

A great slogan should be memorable, include a key benefit, differentiate the brand and make customers feel good about themselves and your brand.  If the brand image works, it can be very successful by making your customers loyal and giving you an edge over your competition. A name should not try to be too clever but it has to communicate something.

Some examples of great “feel good” trademarks which do just this are:

•  It’s Finger Lickin’ Good (KFC) registered in Australia from 19 February 1965
•  Just Do It (Nike) registered in Australia from 19 May 1992
•  The World on Time (Fedex) registered in Australia from 17 June 1994
•  Forever Friends (Hallmark Cards Plc) registered in Australia from 7 June 2001
•  Because You’re Worth It (L’Oréal) registered in Australia from 27 November 2001
•  Microsplit (TAG Heuer S.A.) registered in Australia from 23 August 2002
•  Impossible is Nothing (Adidas) registered in Australia from 28 May 2003
•  I’m Lovin’ It (McDonalds) registered in Australia from 6 June 2003
•  Vorsprung durch Technik (Audi AG) registered in Australia from 21 March 2006
•  make.believe (Sony Corporation) registered in Australia from 14 October 2008
•  A  Diamond is Forever (De Beers) registered in the United States from 29 January 2008
•  Open Happiness (the Coca-Cola Company) registered in Australia from 8 December 2008
•  Heads and Shoulders Above the Rest! (Zarraffa’s Coffee) registered in Australia from 25 July 2008
•  Your Whole World in your Hands (Sony Computer) registered in Australia from 23 February 2009
•  Eyes to Kill (Giorgio Armani) registered in Australia from 16 December 2009
•  Gives You Wings (Red Bull GmbH) registered in Australia from 19 December 2012
• Make America Great Again (Trump, Donald) registered in the United States on 14 July 2015
•  Willpower (Under Armour, Inc) filed in the United States on 9 November 2015
•  The Art of Performance (Jaguar Land Rover Limited) registered in Australia on 20 April 2015
•  All The Right Angles (Make-Up Art Cosmetics Inc.) filed in Australia on 9 November 2015

 

A slogan just like any other trademark must meet certain criteria for registration including that it must be capable of distinguishing the applicant’s goods or services.

Contact Brand Manager Gail Butler to chat about some ideas for your new trademark or slogan.

  Gail Butler – gail@w3iplaw.com.au

Contact w3ip on 1300 776 614 or 0451 951 528 for more information about any of our services or get in touch at law@w3iplaw.com.au
Disclaimer. The material in this post represents general information only and should not be taken to be legal advice.