Can a slogan be a trademark?
Asked by: Name Ritchie | Last update: March 21, 2026Score: 4.1/5 (13 votes)
Yes, you can trademark a slogan (also called a tagline or catchphrase) in the U.S. if it's distinctive and identifies your specific goods or services, not just describes them; famous examples include Nike's "JUST DO IT!" and McDonald's "I'm Lovin' It," but generic phrases like "Best Quality" usually aren't eligible. You register it with the United States Patent and Trademark Office (USPTO) to gain exclusive rights, preventing competitors from using it and causing consumer confusion, though descriptive slogans may need to prove "secondary meaning" (strong brand association) to be fully protected.
Can you register a slogan as a trademark?
It is your choice whether to protect your brand under trademark law. Many business owners choose to protect their brand names for their main or dominant goods or services. You might also choose to protect a slogan or logo for those goods or services, if you have one.
Is it worth trademarking a slogan?
If you are using a catch phrase, tag line, or sales line with your goods or services, then yes, it is almost always worth it to trademark that phrase if it is available.
Is the slogan "Just do it" copyrighted?
Is the phrase JUST DO IT trademarked? Yes, the phrase JUST DO IT is trademarked. Nike trademarked this distinctive phrase in 1995 and currently owns several trademark registrations for it.
What phrases can you not trademark?
What Words Cannot Be Trademarked?
- Generic Terms. (Example: “Coffee” for a coffee shop) ...
- Descriptive Terms Without Distinctiveness. (Example: “Best Miami Plumber”) ...
- Geographically Descriptive Names. (Example: “Orlando Roofing Services”) ...
- Surnames (Last Names) (Example: “Johnson Plumbing”) ...
- Common Phrases or Industry Terms.
Trademark Your Slogan Like a Pro: Essential Tips for Success | ✅ Step-By-Step Trademark Protection
Can a catchy phrase be trademarked?
Yes, you can trademark a phrase, tagline, or catchphrase for your brand by registering it with the United States Patent and Trademark Office (USPTO). To qualify, your phrase must be distinctive, non-generic, and used in connection with commercial goods or services.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
How do I know if a slogan is trademarked?
To check if a slogan is trademarked, search the USPTO TESS database for federal registrations, use general search engines like Google to find common usage, and consider international databases like WIPO for global use, always checking for similar-sounding or related marks for your specific goods/services, as a simple name match isn't enough.
Why is Nike's slogan "Just do it"?
Nike's "Just Do It" slogan means taking action, overcoming hesitation, and pursuing personal goals with determination, embodying self-empowerment and bridging the gap between aspiration and achievement, encouraging everyone from elite athletes to everyday people to start, even when it's difficult. The phrase promotes self-responsibility and connecting with one's inner drive, a powerful message reinforced by campaigns that celebrate individual triumphs and resilience.
Is it better to trademark or copyright a phrase?
One is not better than the other, as each has its own distinct purpose. In short, copyrights are for creative works, while trademarks are for names, slogans, and symbols associated with a brand.
How do I protect my slogan?
How best to protect your company slogan is a business decision. If nobody else in your market area in your field of work is using that slogan, you can claim it as a trademark. If you print it on your cards, be sure to use the TM symbol beside it to show the public that you are claiming it as a trademark.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
How much does it cost to trademark your slogan?
Trademark Cost
Trademarking a slogan comes with the same fees as other trademarks. The cost will range from $250 to $400 dependent on the TEAS form you use. The price is inversely related to strictness of the requirements you must meet. You'll see the lowest fees with the TEAS Plus application which is $250 per class.
What cannot be trademarked?
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
How long does it take to trademark a slogan?
The trademark process can take between 13-18 months, depending on the circumstances of an application. This trademark timeline is so long because it is, at its core, a federal legal proceeding that involves Federal Statutes and a Federal Agency.
Can I sell a slogan?
It has to be unique and distinguishable from common phrases or ones already trademarked. Other criteria include: You must have a plan to use your trademark in the sale of goods or services. Slogan must be in use as an identifier of the company, not what is being sold.
Is Just Do It trademarked?
Just Do It is a trademark of shoe company Nike. The tagline was coined in 1988 at an advertising agency meeting.
Is Nike pronounced Nike or Nikey?
It's pronounced "NIGH-kee" (rhymes with spiky), not "Nike" (rhymes with bike), with the official pronunciation confirmed by Nike's chairman, Philip Knight, who stated it comes from the Greek goddess of victory, Nike (Νίκη). While some English speakers might say "Nike" (rhymes with bike) due to English phonetic patterns, the correct and intended pronunciation adds the "ee" sound at the end, like "Nikey".
How much did Carolyn Davidson get paid for the Nike logo?
Graphic designer Carolyn Davidson was paid just $35 in 1971 for creating the iconic Nike "Swoosh" logo as a freelance student project, working about 17.5 hours at $2 an hour; however, Nike later recognized her contribution with a gold Swoosh ring and 500 shares of Nike stock, which were worth millions by 2024.
Do I need to trademark a slogan?
When a slogan is used to identify the source or provider of certain goods or services, then the slogan is a trademark. A slogan can never be copyrighted. A copyright legally protects creative works. Because a slogan is short and usually not very original, it wouldn't meet the requirements of copyright protection.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
Can I patent an idea?
Technically, you can't patent an idea for a business – for example, if you have a unique idea for an online store or a new chain of themed restaurants. However, you may be able to protect and patent a method of doing business – if it meets very specific criteria and requirements.
What are the 4 types of trademarks?
The four main types of marks registered with the USPTO are Trademarks, Service Marks, Certification Marks, and Collective Marks; however, marks are also categorized by strength (fanciful, arbitrary, suggestive, descriptive, generic), which determines protection levels, with fanciful (like Kodak) being strongest and generic (like "Aspirin") having none.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
How long does a trademark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).