Indication of origin
The Board of Appeal has dismissed the trademark application “GUTER GESCHMACK GUTES GEWISSEN” (good taste good conscience) for goods in classes 29 and 30 (various meat and sausages products, pies) because of non-distinctiveness.
Advertising slogans are perceived as advertising message or description of quality, but they may indicate the origin of the signed goods if they have a certain originality/conciseness, require a minimum of interpretation or trigger a thought process in the target public.
Slogans are distinctive if they are perceived as indication of the commercial origin and do not merely consist of an ordinary advertising message.
Guter Geschmack gutes Gewissen (in english: GOOD TASTE GOOD CONSCIENCE)
This is not the case for the sign “GUTER GESCHMACK GUTES GEWISSEN”. The meaning of the sign is only that the goods taste well and the consumers may have a good conscience. Even if it is a tautogram, the average consumer will only notice it after detailed analysis, which is not necessary. The average consumer will perceive the sign as a customary advertising claim about the quality (in terms of flavour and origin) of the goods in question, which has no particular originality or conciseness. The meaning of the sign is obvious and not thinking process is necessary to understand it.
To the point
In a first step slogans are not understood as advertising message or description of quality. For registrability they have to trigger a thought process in consumers so that they indicate the origin of the signed goods and services.