Audi Register Vorsprung durch Technik

Nearly 30 years after the phrase was first used in the advertising campaign Audi get the slogan recognised as a registered trademark.

Back in 1982 Sir John Hegarty took the phrase ‘Vorsprung durch Technik’ from an Audi factory and used it as the basis of an advertising campaign. Roughly translating to ‘advancement through technology’ Hegarty went with his gut feeling about its appeal despite fears that a German slogan would not sit well with British buyers.

Audi have been battling with the courts for seven years to get the phrase registered to them and in a ruling with the European Court of Justice they now have it. Joining the likes of Kit Kat’s ‘Have a break’ campaign, they can now use it on a range of products including clothes and games in addition to the cars and parts.

"While in the past it was difficult to register such marks as they were typically seen as mere advertising puff, the courts are now recognising that such marks fulfil both an advertising and trademark function, distinctive and synonymous with a particular brand," said Fiona McBride, a trademark attorney at law firm Withers & Rogers.

"This ruling indicates that the ECJ is willing to look favourably on slogan registrations in the future, and there should be no greater burden of proof on the brand owner to show their mark is distinctive than would apply when registering a typical word mark," said McBride.

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E. Dooley

26/01/2010