In the crowded global marketplace, businesses compete not only on product quality but also on brand recognition. A clever slogan or tagline can capture attention, evoke emotion, and stay in consumers’ minds long after an ad ends. Phrases like “The Happiest Place on Earth” or “Melts in Your Mouth, Not in Your Hands” have become inseparable from the brands they represent.
But slogans are not just marketing tools—they are valuable assets. That’s why many companies seek to trademark their taglines. The question is: Can you trademark a slogan? The answer is yes—but there are important conditions and legal steps you must follow.
This article explains how slogan trademarks work, what qualifies, and how to successfully protect your brand's voice through trademark registration.
What Is a Slogan Trademark?
Trademark Basics
A trademark is any word, phrase, symbol, or design that identifies and distinguishes the source of a product or service. It ensures that consumers can recognize the origin of goods and avoid confusion in the market.
A slogan or tagline can be trademarked if it serves as a source identifier—meaning that it tells consumers where the product or service comes from.
Examples of Trademarked Slogans
Here are just a few slogans that have received trademark protection:
“I’m Lovin’ It” – McDonald’s
“Finger Lickin’ Good” – KFC
“The Quicker Picker Upper” – Bounty
“Open Happiness” – Coca-Cola
Each of these taglines is unique, not purely descriptive, and closely associated with the brand in consumers' minds.
Requirements for Trademarking a Slogan
Distinctiveness Is Key
To qualify for a trademark, your slogan must be distinctive. This means:
It’s not just a description of your product (“Softest Towels” won’t work).
It’s not a common phrase used across an industry.
It has some creative, suggestive, or emotional element.
The more unique or abstract the slogan, the stronger its claim to protection.
Use in Commerce
Your slogan must also be used in commerce, not just as a decorative phrase on merchandise. It must be displayed in connection with your product or service in a way that clearly identifies you as the source.
For example, printing your slogan on a product label or website landing page could qualify as proper use.
The Process of Trademarking a Slogan
1. Search Existing Trademarks
Start by searching your local and international databases:
USPTO (United States)
EUIPO (European Union)
UKIPO (United Kingdom)
WIPO (World Intellectual Property Organization)
You’ll want to avoid filing a slogan that’s already taken—or too similar to an existing one.
2. Prepare Your Application
In your trademark application, you’ll need to:
List the slogan exactly as used.
Choose the appropriate class(es) of goods or services.
Submit proof of use (like a product label or advertisement).
Pay the filing fee.
You can file individually, through a law firm, or using an online service.
3. Respond to Examiner’s Review
Trademark offices review applications to determine if the slogan qualifies. You may receive an Office Action, requesting clarification or rejecting your application. You’ll then have a chance to respond, argue your case, or amend your application.
4. Final Decision and Registration
Once approved, your slogan is published, and if no oppositions are filed, it becomes officially registered. You’ll then receive a certificate of registration and the right to use the ® symbol.
What Slogans Can't Be Trademarked?
Descriptive or Generic Phrases
Slogans like “The Best Coffee” or “Fast Internet” are too generic and lack distinctiveness. They merely describe the product or service, which is not enough for trademark protection.
Common Phrases or Idioms
Phrases widely used in everyday language or by many businesses—like “We Deliver” or “Your Local Choice”—are often unregistrable unless you can prove they’ve gained secondary meaning.
Deceptive or Misleading Slogans
If your slogan implies something false (e.g., “100% Organic” for a product that isn’t), it can be rejected and could result in legal penalties
Advantages of Trademarking a Slogan
Exclusive Rights
You gain the legal right to prevent others in your industry from using your slogan—or anything confusingly similar.
Brand Recognition
Trademarking strengthens your brand identity and ensures consistency across advertising and packaging.
Legal Protection
In case of infringement, a registered trademark gives you access to courts, enforcement mechanisms, and possibly monetary damages.
Business Value
A slogan trademark can be a valuable intellectual property asset. It can increase the value of your brand during investment, licensing, or sale.
Tips for Creating a Trademarkable Slogan
Be Original
Avoid clichés or overused marketing terms. Brainstorm phrases that are creative, unique, or suggestive of your brand’s personality.
Keep It Short and Catchy
Great slogans are often 3 to 7 words. Think rhythmic, memorable, and emotionally appealing.
Align with Brand Identity
A trademarkable slogan should reinforce your brand promise. It’s not just a phrase—it’s a reflection of your mission or customer benefit.
Avoid Legal Risks
Stay away from references to other trademarks, people’s names, or geographical misrepresentations. These can lead to refusal or legal conflicts.
Protecting Your Brand Voice
Trademarking a slogan is more than a formality—it’s a proactive step toward protecting your marketing investment and strengthening your brand identity.
If your business relies on a unique, valuable phrase to stand out in the marketplace, consider trademarking it early. The process may take time and resources, but the long-term benefits—legal protection, brand equity, and peace of mind—are worth it.
For complex cases or global registration, consulting an intellectual property attorney can streamline the process and increase your chances of success.
