Key Takeaways:

  1. A trademark protects slogans used in commerce, not decorative phrases.

  2. Conduct a trademark search to ensure the slogan is unique.

  3. The slogan must be distinctive, not merely descriptive.

  4. USPTO filing fees range from $250 to $350 per class.

  5. Trademark registration can take six months to over a year.

For businesses that want to differentiate themselves from competitors, a clever slogan can be a powerful tool. For this reason, slogans are a very important piece of intellectual property, and trademarking a slogan is an essential step for a business to protect its brand identity. By trademarking a slogan, businesses can prevent competitors from using it, giving the business a competitive edge in the market and the chance to stand out to its customers. 

However, not all slogans qualify for trademark protection, and there are specific steps to follow to ensure the registration process is successful. Find out more below. These are general steps. Remember to consult an attorney about your circumstances to ensure a smooth process.

What Is a Trademarked Slogan?

A trademarked slogan is a distinctive phrase, tagline, or expression associated with a brand's products or services. It is protected under trademark law to prevent competitors from using a similar phrase that could confuse consumers. Unlike copyright, which protects original creative works like books and songs, a trademark safeguards elements used in commerce, such as logos, phrases, brand names, and slogans. These safeguards are in place to protect consumers from being confused as to the source of goods or services.

For a slogan to qualify for trademark protection, it must be used in a commercial context and be distinctive. This use does not have to be immediate but can be planned for the near future. The phrase should not be generic or merely descriptive of the product or service. Instead, it should convey the brand’s identity or distinguish it from others in the market. Examples of trademarked slogans include “Just Do It” (Nike) and “I’m Lovin’ It” (McDonald’s), both of which are strongly associated with their respective brands.

How to Trademark a Slogan

Registering a trademark for a slogan involves a thorough, step-by-step process of conducting research, evaluating the slogan’s distinctiveness, and registering it with the USPTO’s Trademark Electronic Application System. 

Below are some of the main steps of trademarking a slogan.

Step 1: Conduct a Trademark Search

Before you can file a trademark application, you have to first conduct a thorough trademark search to ensure the slogan is not already in use, or confusingly similar to another mark. One way to do this is through the U.S. Patent and Trademark Office (USPTO) website. You can search their trademark database to see if your slogan is already in use. If a similar trademark already exists, your application will be likely be refused.

Step 2: Determine the Slogan’s Distinctiveness 

The best slogans are ones that are distinctive and focus on the brand’s identity and not mere descriptions of their products and services. For example, McDonald’s “I’m Lovin’ It” expresses that McDonald’s is a brand that is lovable and enjoyed by everyone. Similarly, Nike’s “Just Do It” expresses the energetic enthusiasm of athletes who wear Nike products. 

A phrase like “Best Quality Shoes” would be too generic to trademark as a slogan. So make sure to take the time to evaluate your slogan’s distinctiveness and put in the effort to make it stand out. 

Step 3: File an Application with the USPTO 

Once you are happy with your slogan and you have checked the USPTO’s trademark database to make sure no similar slogans are currently in use, you can file a trademark application. It is strongly recommended to have a trademark attorney review your work and handle the application process. The application can be submitted online through the USPTO’s Trademark Electronic Application System (TEAS). When filling out the form, you'll need to specify the trademark class that corresponds to the products or services your slogan is associated with. 

At this stage, it is wise to consult with a trademark attorney to make sure you are following the legal process correctly and double-check that your slogan qualifies for a trademark. Having a trademark attorney assist you with class identification and class descriptions can be critical to your trademark rights and the value of your trademark.

Step 4: Show Use in Commerce 

To qualify for trademark registration, the slogan must be used in connection with the sale of goods or services. Proof of use, such as marketing materials or packaging that includes the slogan, may be required. The application can be filed for as an intent to use application but proof will need to be shown in the near future.

Step 5: Monitor the Application 

Once the application is filed, it can take several months for the USPTO to process it. During this time, the application is reviewed for any potential conflicts, and you may be required to provide additional information or clarify aspects of your application.

How to Trademark a Slogan for a T-Shirt

Trademarking a slogan for use on merchandise, such as t-shirts, follows a similar process, but there are additional considerations to keep in mind. The slogan must be used in a branding context, not just as decorative text. For example, if the slogan appears on a t-shirt as a brand identifier (like a logo), it may qualify for trademark protection. However, if the slogan is purely decorative or generic, it might not meet the requirements. Consult an attorney to determine if your use would qualify as trademark rights.

To trademark a slogan for a t-shirt:

  • Provide Evidence of Branding Use: You need to show that the slogan is used as a brand identifier and not merely as a decorative phrase. For instance, if the slogan represents a specific product line or is consistently used as part of the brand’s identity, it is more likely to qualify.

  • Include Examples in the Application: When filing the trademark application, include examples that demonstrate the slogan’s use in commerce, such as product labels, packaging, or advertisements. Consult an attorney to determine what should be included.

Slogan Copyright vs. Trademark: What’s the Difference?

It can be easy to confuse copyright and trademark protections when it comes to slogans. The key difference lies in the type of protection each offers:

  • Copyright: Copyrights protect original works of authorship, such as books, music, and visual art. It does not typically apply to slogans or phrases because these are considered short expressions, and are therefore not eligible for copyright protection.

  • Trademark: Trademark protects specific elements used by businesses for commercial use, such as logos, brand names, and slogans. For a slogan, trademark protection is more suitable than copyright because it prevents competitors from using similar phrases that could mislead customers.

If you are using a slogan to promote a brand, product, or service, then trademarking is the appropriate form of protection. Copyright would not provide the necessary legal safeguards.

How to Register a Slogan: The Trademark Process

Earlier we looked at the steps involved for trademarking a slogan. Let’s now look at some of the steps involved in registering a slogan with the USPTO.

  1. Conduct a Trademark Search: As we mentioned before, the first step of the trademark process involves searching for existing trademarks that may be similar to your slogan. This step is crucial to avoid rejection due to conflicts with registered trademarks.

  2. Select the Appropriate Trademark Class(es): Trademarks are registered in different classes based on the type of product or service. Make sure to choose the class(es) that best matches your slogan’s intended use.

  3. File the Application: Use the TEAS platform to file your application. The form will ask for details like the slogan’s intended use, the trademark class, and any evidence of the slogan being used in commerce. Consult with a trademark lawyer to make sure you are filing the application correctly.

  4. Await Examination: The USPTO will review the application to ensure the slogan meets all trademark requirements, including distinctiveness and proper usage.

  5. Address Any Issues: If the USPTO raises any concerns or requests additional information, respond promptly to avoid delays.

Costs and Timeline for Trademarking a Slogan

The costs involved in trademarking a slogan may vary from business to business, but typically they range between $250 and $350 per class when the trademark is first registered. Depending on the number of classes you register the slogan trademark under, your filing fees with the USPTO will vary.

In addition, hiring a trademark attorney will also involve additional costs ranging from a few hundred to a thousand dollars, depending on how complex your trademark application is.

Overall, the entire process–from filling out the trademark application to receiving approval–can take anywhere from six months to a year.

This may sound like a challenging, expensive, and time-consuming process, but considering the competitive advantage you can get from trademarking your slogan, it is a great investment for your business’s future. 

Common Mistakes to Avoid When Trademarking a Slogan

To improve your chances of successfully registering a slogan, avoid these common pitfalls:

  1. Choosing a Descriptive Slogan: A slogan that merely describes the product or service may not qualify for trademark protection. Make sure the phrase is distinctive.

  2. Failing to Conduct a Thorough Trademark Search: Overlooking this step can result in a rejected application due to existing similar trademarks.

  3. Not Demonstrating Use in Commerce: Ensure that your application includes evidence that the slogan is used in connection with the sale of goods or services.

  4. Ignoring USPTO Requests for Information: If the USPTO asks for more details, respond promptly to avoid application delays.

  5. Assuming All Slogans Qualify for Trademark Protection: Not all slogans can be trademarked. Generic phrases or those used merely as decorative text do not qualify.

Trademarking a slogan is a vital step for any business looking to protect its brand identity. If you want expert guidance with your trademark application, you can reach out to trademark lawyers through UpCounsel to register your slogan for a trademark and ensure that your slogan remains yours.

FAQs

Can you trademark a tagline?

Yes, if the tagline is distinctive and used in a commercial context.

How do I trademark a phrase?

Follow the steps outlined above, including conducting a trademark search and filing an application with the USPTO.

Is it worth it to trademark a phrase?

Trademarking can protect a brand's identity, but the decision depends on the phrase's value to your business.

Can you make money by trademarking a phrase?

While the phrase itself may not generate revenue, protecting it as part of your brand can contribute to your business's overall value.