As couples prepare to pop the question this Valentine’s Day, one timeless phrase serves as a reminder that strong branding, like strong relationships, can stand the test of time. The famous slogan “A diamond is forever”, synonymous with engagement rings worldwide, offers a striking example of how a marketing phrase can evolve into a valuable legal asset.
Originally coined by De Beers in 1947 as a marketing slogan, “A diamond is forever” was not immediately a registered trade mark. Generally slogans are often considered too generic or descriptive to qualify for trade mark protection. However, through decades of consistent global advertising, this phrase became deeply embedded in public consciousness and connected to the De Beers brand, eventually earning legal recognition as a trade mark.
Declan Goodwin, commercial partner at national law firm Clarke Willmott LLP, said: “Strong intellectual property is a cornerstone of brand value. A slogan like ‘A diamond is forever’ may start as clever marketing, but when consistently associated with a single brand, it can acquire distinctiveness in the eyes of consumers and become a protected trade mark.
“Consumers began to associate the diamond slogan specifically with De Beers rather than with diamonds in general. This change in consumer perception is legally significant. Under the Trade Marks Act 1994, a mark that is not inherently distinctive may still be registered if it has acquired distinctiveness through use. De Beers was able to show that the slogan had come to function as a badge of commercial origin, identifying its diamonds in the marketplace.”
Under UK law, a mark must initially be capable of distinguishing goods or services of one business from those of others. While promotional slogans often face hurdles because they are descriptive, acquired distinctiveness, built through long-term use and public association, can secure trade mark protection. De Beers’ campaign demonstrates precisely how this works, providing both commercial advantage and legal security.
Unlike fleeting marketing campaigns, registered trade marks can last indefinitely, provided they are actively used, renewed every ten years, and defended against becoming generic.
“A trade mark, much like a long-term relationship, requires ongoing investment,” explains Declan. “It’s not just about registration, it’s about protecting your brand’s identity and ensuring the market recognises your goods as uniquely yours.
“Some of the proposals taking place this Valentines Day won’t stand the test of time, but registered trade marks are one of the few types of IP that can last forever.”
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