How to Trademark a Slogan or Tagline

Protecting your brand’s memorable phrases and catchwords is essential in today’s competitive marketplace. Whether you’ve created the next “Just Do It” or developed a unique tagline that captures your business essence, understanding how to trademark a slogan can safeguard your intellectual property and prevent competitors from capitalizing on your creative work.

This comprehensive guide covers everything you need to know about trademarking slogans and taglines, from the initial application process to long-term protection strategies. Business owners, entrepreneurs, marketing professionals, and anyone looking to protect their brand’s verbal identity will find practical insights and actionable steps to secure their intellectual property rights.

Strong trademark protection forms the foundation of successful brand building, and slogans often represent some of the most valuable assets in a company’s intellectual property portfolio. The right legal protection ensures your investment in brand development pays dividends for years to come.

Understanding the Basics of Slogan Trademarks

What Makes a Slogan Eligible for Trademark Protection

A trademark protects words, phrases, symbols, or designs that identify and distinguish goods or services in commerce. For slogans specifically, the phrase must function as a trademark by helping consumers identify the source of products or services, rather than merely conveying informational or promotional messages.

The key distinction lies in whether your slogan serves as a source identifier versus simple advertising copy. Phrases like Nike’s “Just Do It” or McDonald’s “I’m Lovin’ It” clearly identify their respective brands, while generic promotional language like “Great Quality at Low Prices” typically lacks the distinctiveness required for trademark protection.

How Trademark Protection Works for Slogans

Trademark rights can be established through either use in commerce or federal registration. While using a slogan in business activities provides some common law trademark rights, federal registration through the United States Patent and Trademark Office (USPTO) offers significantly stronger protection.

Federal registration provides nationwide protection, legal presumption of ownership, and the ability to use the ® symbol. It also serves as a deterrent to potential infringers and strengthens your position in legal disputes.

Types of Trademark Protection Available

Principal Register registration offers the strongest protection for slogans that meet all distinctiveness requirements. This registration type provides maximum legal benefits and enforcement capabilities.

Supplemental Register registration may be available for slogans that don’t yet qualify for the Principal Register but show potential for acquiring distinctiveness through continued use.

State trademark registration provides protection within specific state boundaries and may serve as a stepping stone toward federal protection.

The Trademark Application Process

Step 1: Conduct a Comprehensive trademark search

Before filing any application, perform thorough searches to ensure your slogan doesn’t conflict with existing trademarks. Search the USPTO’s Trademark Electronic Search System (TESS), state trademark databases, common law sources, and internet domains.

Professional trademark searches often reveal potential conflicts that basic searches miss, potentially saving significant time and money by identifying issues before filing.

Step 2: Determine Your trademark classes

Identify the specific goods or services your slogan will represent using the USPTO’s classification system. The International Classification of Goods and Services divides products and services into 45 distinct classes, and you must file separate applications for each relevant class.

Accurate classification is crucial because trademark protection only extends to the specific classes covered in your registration.

Step 3: Prepare Your Application

Gather required information including:

Clear representation of your slogan
Identification of goods/services
Applicant information
Basis for filing (use in commerce or intent to use)
Specimens showing actual use (if applicable)

Step 4: File with the USPTO

Submit your application through the USPTO’s Trademark Electronic Application System (TEAS). Choose between TEAS Plus ($225 per class) or TEAS Standard ($350 per class) based on your specific requirements and ability to meet stricter filing requirements.

Step 5: Respond to Office Actions

The USPTO examining attorney will review your application and may issue Office Actions requesting clarifications, additional information, or rejecting the application based on specific grounds. Respond promptly and thoroughly to maintain your filing date priority.

Step 6: Publication and Registration

If approved, your slogan will be published for opposition in the Official Gazette. If no oppositions are filed within 30 days, you’ll receive your registration certificate for applications based on current use, or an allowance notice for intent-to-use applications.

Timeline Expectations

The entire process typically takes 8-12 months for straightforward applications, though complex cases may take longer. Office Actions, oppositions, or other complications can extend the timeline significantly.

Requirements for Trademarking a Slogan

Distinctiveness Requirements

Your slogan must be inherently distinctive or have acquired distinctiveness through extensive use. Inherently distinctive slogans are immediately recognizable as source identifiers, while those lacking inherent distinctiveness may still qualify if they’ve become associated with your brand through substantial use in commerce.

Highly distinctive slogans often include:

Coined terms or creative word combinations
Unexpected or memorable phrasing
Terms that don’t directly describe the goods/services

Use in Commerce Requirement

For Principal Register registration, your slogan must be used in commerce in a trademark manner. This means using the slogan to identify and distinguish your goods or services, not merely as advertising copy or informational text.

Acceptable use includes displaying the slogan on product packaging, marketing materials, website headers, or other locations where it functions as a brand identifier.

Avoiding Merely Informational Language

Slogans that simply convey information about product features, quality claims, or general promotional messages typically don’t qualify for trademark protection. The USPTO generally rejects applications for phrases like “The Best Pizza in Town” or “Quality Service Guaranteed” as merely informational.

Geographic and Descriptiveness Considerations

Avoid including geographic terms or purely descriptive language that competitors might legitimately need to use in their own businesses. The more unique and creative your slogan, the stronger your trademark protection will be.

Costs Involved in Trademarking a Slogan

USPTO Filing Fees

TEAS Plus: $225 per class for applications meeting stricter requirements including pre-approved identifications of goods/services and agreement to file electronically.

TEAS Standard: $350 per class for applications with more flexibility in descriptions and filing requirements.

Additional fees may apply for responses to Office Actions, amendments, or other proceedings during examination.

Attorney Fees

Professional trademark attorney fees typically range from $1,000 to $3,000 for straightforward slogan applications, including:

Comprehensive trademark searches
Application preparation and filing
Response to Office Actions
Communication with USPTO

Complex cases involving opposition proceedings or appeals may incur additional costs.

Ongoing Maintenance Costs

Section 8 Declaration: Required between years 5-6 ($225 per class) to maintain registration.

Section 9 Renewal: Required between years 9-10 ($425 per class) for first renewal.

Combined Section 8 & 9 Filing: Required every 10 years thereafter to maintain registration indefinitely.

Additional Considerations

Budget for potential trademark monitoring services ($200-500 annually), international filing fees if seeking foreign protection, and enforcement costs if trademark violations occur.

Common Challenges in Slogan Trademark Applications

Overcoming “Merely Informational” Rejections

The most common rejection for slogan applications is that the phrase is “merely informational” rather than functioning as a trademark. To overcome this rejection, demonstrate how your slogan functions as a source identifier through:

Evidence of consumer recognition surveys
Examples of use in trademark manner
Proof of acquired distinctiveness through extensive use
Consumer testimonials connecting the slogan to your brand

Dealing with Similarity to Existing Marks

If your slogan is deemed too similar to existing registered trademarks, you may need to:

Argue differences in goods/services or market channels
Provide evidence of coexistence without consumer confusion
Modify your slogan to increase distinctiveness
Seek consent agreements with prior registrants

Addressing Descriptiveness Issues

When slogans are rejected as merely descriptive, strengthen your application by:

Providing evidence of secondary meaning
Demonstrating long-term exclusive use
Showing substantial advertising expenditures
Submitting consumer recognition surveys

Managing Opposition Proceedings

If third parties oppose your application during the publication period, prepare for a trial-like proceeding before the Trademark Trial and Appeal Board. Success often depends on:

Strength of your evidence supporting trademark rights
Demonstrating lack of consumer confusion
Proving prior use or superior rights
Negotiating settlement agreements when appropriate

Protecting Your Slogan Trademark Rights

Active Enforcement Strategies

Once registered, actively protect your trademark through:

Regular monitoring for unauthorized use by competitors
Prompt enforcement action against infringers
Proper trademark notice using ® symbol after registration
Consistent use in commerce to maintain rights

Monitoring Your Trademark

Implement comprehensive monitoring systems including:

Professional watch services for new trademark applications
Internet monitoring for unauthorized online use
Industry publication reviews
Social media monitoring for brand misuse

Early detection of potential infringement allows for more effective and less expensive resolution.

International Protection Considerations

If you conduct business internationally or plan future expansion, consider:

Madrid Protocol applications for streamlined international filing
Direct foreign filing in key markets
Common law rights in countries recognizing use-based trademark systems
Regional trademark systems like the European Union Intellectual Property Office

Licensing and Brand Extensions

Maximize your slogan’s value through:

Strategic licensing agreements
Brand extension opportunities
Co-branding partnerships
Merchandising arrangements

Proper licensing maintains trademark rights while generating additional revenue streams.

Frequently Asked Questions

Can I trademark a slogan that I only use in advertising?

Simply using a slogan in advertising may not be sufficient for trademark registration. The slogan must function as a source identifier, helping consumers associate it with your specific brand rather than just conveying promotional information. However, if advertising use is consistent and extensive enough to create consumer recognition of the slogan as identifying your brand, it may qualify for protection.

How long does slogan trademark protection last?

Federal trademark registrations can last indefinitely with proper maintenance. You must file renewal documents between years 5-6 and 9-10 after registration, then every 10 years thereafter. As long as you continue using the slogan in commerce and file timely renewals, protection continues perpetually.

Can competitors use similar slogans in different industries?

Potentially, yes. Trademark protection is generally limited to the specific goods and services listed in the registration. If your slogan is registered for restaurant services, a software company might be able to use a similar slogan without infringement. However, famous marks receive broader protection across multiple industries.

What happens if someone opposes my slogan trademark application?

Opposition proceedings occur before the Trademark Trial and Appeal Board and follow formal legal procedures similar to federal court litigation. Both parties present evidence and arguments, and the Board issues a decision. You can continue using your slogan during opposition proceedings, but registration will be delayed until resolution.

Should I hire an attorney to trademark my slogan?

While not required, attorney representation significantly increases success rates for slogan applications. Slogans face unique challenges like “merely informational” rejections that require specialized knowledge to overcome. Professional guidance helps navigate complex requirements and increases the likelihood of successful registration while potentially saving money through proper initial filing.

Conclusion

Trademarking a slogan requires careful planning, attention to legal requirements, and strategic thinking about your brand’s long-term protection needs. While the process involves several steps and potential challenges, successful slogan registration provides valuable intellectual property assets that strengthen your market position and business value.

The key to success lies in developing distinctive slogans that clearly function as source identifiers, conducting thorough searches before filing, and working with experienced professionals who understand the nuances of trademark law. With proper preparation and execution, your slogan can become a valuable protected asset that enhances brand recognition and competitive advantage.

Ready to protect your business’s valuable intellectual property? TrustedLegal.com has helped thousands of entrepreneurs protect their trademarks and form LLCs, corporations, and nonprofits. Our experienced team offers affordable pricing, fast turnaround times, and expert support throughout the entire process. Whether you’re trademarking a slogan or starting a new business entity, we provide the professional guidance you need to succeed. Start protecting your brand today with TrustedLegal.com’s comprehensive legal services designed specifically for growing businesses.