At last count, over 120 trademark applications have been filed
in the French trademark office for the phrase "JE SUIS
CHARLIE." Included is an application by Joachim Roncin
who is a graphic designer in Paris who claims that he is the true
creator of the now ubiquitous phrase and the graphic design (shown
to the left) of JE SUIS (white) above CHARLIE (gray) on a square
black background.
The French trademark office, the INPI, issued a press release (in French) saying that
it has rejected over 50 registrations based on a "lack of
distinctiveness" in the phrase. Translation: (into both
English and plain non-legalese language), the phrase, "JE SUIS
CHARLIE", does not qualify for trademark protection since the
phrase is "too general" and not associated with (or
identify) a specific origin (originator, owner) of goods or
services. As reported by a colleague, Amy Cahill of a sister publication of
OP-IP,
Trademarkology, in her article
"Lawyers Make Good Lovers", it is not always so easy
to secure trademark protection for slogans and phrases.
Examples of registered trademark phrases/slogans which are
associated with a good or service include "You deserve a break
today" and "i'm lovin' it" both for
McDonald's and "JUST DO IT" for Nike.
Although JE SUIS CHARLIE may miss the mark for trademark
protection, Joachim Roncin has other intellectual property
protection avenues to pursue. For example, the JE SUIS
CHARLIE logo (shown above) is entitled to copyright protection
for the artistic expression of the layout, e.g. the white
font JE SUIS over gray CHARLIE on black square
background. In addition, design registration (e.g. European
design registration (OHIM) and U.S. design patent protection) may
be available to cover the design if applied to a specific article
of manufacture or product.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.