• “Dilution” - The concept of dilution belongs to U.S. trade mark practice. Dilution allows the owner of a famous trademark to stop others from using the same or a similar trade mark, even if no confusion results.

• Examples: “Buick” aspirin or “Kodak” pianos would be unacceptable names for products.

• In Bermuda famous marks can protect themselves by registering “Defensive” trade marks.

• A slogan is a short and striking or memorable phrase used in advertising.

• Slogans are usually expressed in laudatory (expressing praise) or exhortatory (urging or expressing strongly) terms, for example GUINNESS IS GOOD FOR YOU; HAVE A BREAK (HAVE A KIT KAT); BUY BRITISH.

• Slogans may contain trade marks. GUINNESS and KIT KAT would be taken to be the trade mark but not the whole slogan.

• Slogans which have a direct reference to the character or quality of the goods/services in question may not be registered as a trade mark.

• Slogans must be used as a trade mark and be recognized as being distinctive by the public, before a slogan is accepted for registration.

• Just because a trade mark is free for everyone to use in the U.S. does not mean that it is free to use in Bermuda.

• It may be a registered trade mark