I love me some Newton Running. I’ve worn through many of their shoes and have had some great experiences with their customer service. As a triathlete, I can’t recommend Newton enough. As a trademark lawyer, I feel just as strongly about them. Newton is great with branding. The brand presentation from their website to their race tents to their shoebox inserts is consistent, creative, and effective. They have developed a brand identity like no other niche running shoe company. They use trademarks effectively. And they know their way around a good branding slogan.
THE SCIENCE OF MOTION is Newton’s prime slogan, and it works. As I described earlier, slogans cannot be informational or laudatory if they are to be protected with a trademark registration. THE SCIENCE OF MOTION is neither, and it should qualify immediately for registration on the Principal Register, but for whatever reason, Newton hasn’t yet applied on it. I cannot figure out why, but I think they must know what they are doing because of their demonstrated sophistication. But I’ll use this example to illustrate a point: a company that appears to be this branding savvy should be just as legally savvy – when you have marks that are eligible for protection, when you are using them effectively to craft a brand identity, and when you have enough recognition that others would want to trade off it, you should take the simple step of registering your trademarks.