Is it illegal to use the same brand as the advertising slogan?

Advertising language can apply for intellectual property protection, and all advertisements passing through copyright registration are copyrighted. Advertising language is usually based on text. For example, visual advertising is based on text content and combined with visual elements such as images and colors to present advertising forms; Advertisements containing auditory content are also presented based on text content and combined with auditory effects such as sound. Whether the text-based advertising language belongs to the protection scope of copyright law should be analyzed and judged in detail within the protection framework of copyright law. Theoretically, as long as it is original and reproducible, it can be a work in the sense of copyright law. For example, (202 1) changminsanchuzi No.2 judgment points out: "Come to Yixing, you are a star" advertising language can convey the management information of Yixing company, with exquisite conception and concise language, which highly summarizes the distinctive characteristics of Yixing company and has strong artistic appeal. This advertising language has the characteristics of copyright literature and should be protected.

Legal basis:

Copyright Law Article 3 Works mentioned in this Law include works of literature, art, natural science, social science and engineering technology. Created in the following forms: (1) written works; ② Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) cinematographic works and works created by methods similar to cinematography; (seven) engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works; Eight, computer software; (9) Other works as prescribed by laws and administrative regulations.