Can You Trademark a Slogan or Tagline?

An effective slogan is much more than just words; it’s a valuable asset. However, trademarking a phrase isn’t always possible. Unfortunately, not all catchy taglines can be legally trademarked. To secure legal exclusivity, you must satisfy the rigorous standards established by the U.S. Patent and Trademark Office (USPTO). Understanding these requirements is the difference between your application being approved or denied. Please continue reading as we explore what you need to know about these matters and how a knowledgeable Bergen County, NJ Trademark Protection Attorney | Richard E. Novak, LLC can help you navigate this complex process. 

Are Your Slogans Actually Eligible for Trademark Protection? 

Slogans and taglines can be registered as trademarks, much like you would a logo or a company name. The key factor is distinctiveness, meaning your phrase must clearly show consumers that the product or service is uniquely yours. It isn’t enough for a tagline to be catchy or appealing; it must serve as a clear indicator of your brand’s identity. 

Descriptive slogans are typically rejected by the USPTO. This is because they simply describe the nature of a business rather than identifying a specific brand, failing to meet the legal standard for protection. To get approved, your slogan needs to set you apart from the rest of the market. 

How Do You Prove Your Slogan Is Unique?

For a slogan or tagline to be eligible for trademark protection, it must fall into one of two categories: 

• Inherent Distinctiveness: This applies when a slogan or tagline is naturally creative or suggestive, allowing it to act as an immediate brand identifier. You should think of iconic examples like Nike’s “Just Do It.” 
• Acquired Distinctiveness: Even if a slogan or tagline starts more descriptive, it can still qualify if it has a strong connection to your brand in the public mind. This is often demonstrated through consistent advertising, healthy sales, and significant media exposure. 

It should be noted that phrases that appear creative may still be rejected by the USPTO if they are perceived as generic messages instead of unique brand identifiers. 

How Does the Trademark Registration Process Work? 

Securing a trademark for your brand’s slogan or tagline requires: 

• Performing a Thorough Search: You must conduct a diligent search to ensure your slogan isn’t already claimed in your specific field. 
• Submitting Your Official Registration Paperwork: You must file your application through the USPTO’s electronic filing platform (TEAS).
• Submitting Proof of Commercial Use: You must provide supporting documentation of your slogan appearing on your goods, services, or marketing materials. Essentially, it can’t just be an idea. 
• Addressing Any Official Inquiries or Objections: This is necessary if the USPTO identifies potential issues regarding your mark. 
• Anticipating a Waiting Period: You must patiently await registration, as it can span several months to over a year. 

As you can see, it’s possible to trademark a slogan or tagline. However, the process can prove challenging. That’s why it’s in your best interest to connect with an attorney at The Law Offices of Richard E. Novak, LLC. Our legal team is prepared to help guide you through the trademark process.