Can I Trademark My Slogan or Tagline?
Your slogan is more than a catchy phrase, it’s part of your brand identity. A well drafted, clever, emotional, or values-driven tagline can set your business apart. But a word of caution: if it resonates with customers, there’s a good chance someone else might try to use it too.
So, can you trademark your slogan or tagline? In many cases, yes, but it’s not automatic. U.S. trademark law imposes specific requirements for protection, and not every phrase is eligible. This article walks through what makes a slogan trademarkable, how to use it properly, and how to capture the broadest protection possible under U.S. law.
What Is a Trademark and Where Do Slogans Fit In?
A trademark is any word, name, symbol, or device that identifies the source of goods or services (i.e. the business that sells those goods or services) and distinguishes them from others. That includes not only logos and brand names but also slogans and taglines, so long as they function as source identifiers.
For example:
- “Just Do It” (Nike)
- “Because You’re Worth It” (L’Oréal)
- “What Happens Here, Stays Here” (Las Vegas Convention and Visitors Authority)
All of these slogans are federally registered trademarks because they have acquired distinctiveness and are used consistently in connection with branded products or services.
What Makes a Slogan Eligible for Trademark Protection?
Not all phrases qualify for trademark registration. The U.S. Patent and Trademark Office (USPTO) examines several factors before approving a slogan:
1. The Slogan Must Be Distinctive
Generic or descriptive slogans are generally not eligible for trademark protection unless they’ve acquired secondary meaning. That means consumers must associate the slogan directly with your company — not just with a type of product or a general message.
For example, a slogan like “Best Pizza in Town” is too descriptive to function as a trademark. But something unique like “Pizza to the People” could qualify with proper use.
2. The Slogan Must Function as a Trademark
This is where many businesses go wrong. A slogan must be used in a way that clearly identifies your brand, not just thrown into a product description or buried in a blog post.
To function as a trademark, the slogan should appear:
- On product packaging
- In prominent ad campaigns
- On your website near your logo or brand name
- In association with a specific product or service
The USPTO often rejects applications where slogans appear merely as decorative, ornamental, or informational phrases.
3. You Must Use It in Commerce
In the U.S., trademark rights are based on use in commerce. If you haven’t started using your slogan publicly yet, you can still apply based on intent to use, but you’ll need to file a Statement of Use later proving that it’s active in the marketplace.
How Do I Trademark My Slogan?
If you’ve got a slogan that meets the requirements above, here’s how to go about protecting it:
Step 1: Conduct a Trademark Search
Before you apply, it’s critical to make sure no one else is already using or has registered a similar slogan. A professional trademark clearance search conducted by an attorney can examine both exact matches and confusingly similar variations and forewarn you of potential risks before you apply.
Step 2: File a Trademark Application
Your USPTO application should include:
- The text of the slogan
- The goods/services it’s associated with
- A specimen showing how the slogan is used in commerce (for “use-based” applications)
- The proper classification under the USPTO’s international classes
You’ll also choose whether to file as a standard character mark (just the phrase) or a stylized/design mark (if the slogan is part of a logo).
Step 3: Respond to Any Office Actions
The USPTO may issue an Office Action if your slogan is considered too descriptive, too similar to an existing mark, or doesn’t function as a trademark. These issues can often be overcome with persuasive legal arguments, strategic amendments, or evidence of distinctiveness. Here, again, sufficient understanding of trademark law or a legal expert in your corner will give you the best chance to succeed in these Office Action situations.
What if My Slogan Is Descriptive? Can I Still Protect It?
Yes, but it’s harder.
If your slogan is considered descriptive (e.g., “Delicious Homemade Cookies”), you may be able to register it after establishing secondary meaning. That typically requires showing:
- At least five years of consistent use
- Advertising expenditures
- Sales volume tied to the slogan
- Customer surveys or testimonials
Alternatively, you may be able to register your slogan on the Supplemental Register, which doesn’t confer all the benefits of a Principal Register trademark but still gives you a legal basis to protect your phrase while it builds distinctiveness.
Can I Trademark My Slogan and Logo Together?
You can, but be careful.
Filing a composite trademark (slogan + logo) means your registration only protects that specific combination. If you use your slogan separately or change the logo later, your rights might not apply.
For maximum flexibility and protection, we often recommend filing separate applications for your name, logo, and slogan when budget permits. In the meantime, a composite application may be a good first step.
How Much Does It Cost to Trademark a Slogan?
At the time of this writing, the USPTO filing fee is $350 per class of goods/services, plus any legal or search fees. Keep in mind:
- Filing across multiple classes increases cost.
- Responding to Office Actions may require additional legal work if you work with an attorney on an hourly rate basis.
- Failure to meet response or filing deadlines may incur additional USPTO fees for application revival, mandatory extension, or petitions.
Flat-fee legal services like those offered by Daniel Ross & Associates can make the process more predictable and cost-effective.
What Happens If Someone Copies My Slogan?
Once registered, your trademark gives you:
- Nationwide rights to the slogan
- A legal presumption of ownership
- The ability to stop infringers via cease and desist letters
- The right to sue in federal court for damages or injunctions
You can also record your mark with Amazon Brand Registry and social media platforms to block unauthorized sellers or impersonators.
Without registration, enforcement becomes much harder, especially across state lines or online platforms.
Final Thoughts: Trademarking a Slogan Is About Strategy, Not Just Registration
A great slogan builds emotional and commercial value over time. But that only matters if you protect it. Filing a trademark application is part of a larger branding strategy that includes distinctiveness, proper usage, and proactive enforcement.
If you’re serious about owning your brand identity, trademarking your slogan is a smart move — and we’re here to help you do it right.
Need help trademarking your slogan or tagline? Schedule a no-cost consultation with us today to get started with a strategy that fits your business.
