Can I trademark a slogan?
Asked by: Sydney Jerde | Last update: February 15, 2026Score: 4.5/5 (28 votes)
Yes, you can absolutely trademark a slogan or tagline in the U.S. by registering it with the United States Patent and Trademark Office (USPTO), provided the phrase is distinctive, non-generic, and used in connection with your specific goods or services, like Nike's "Just Do It" or Disney's "The Happiest Place on Earth". The key is that the slogan must function as a source identifier, indicating to consumers the origin of the product or service, and you must demonstrate its use in commerce or have a bona fide intent to use it.
Do slogans get trademarked?
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.
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.
How to trademark a slogan?
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.
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.
Trademark Your Slogan Like a Pro: Essential Tips for Success | ✅ Step-By-Step Trademark Protection
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.
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.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
How to tell 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.
How do you legally coin a phrase?
Trademark a Phrase: A Step By Step Guide
- Choose an Original and Distinct Phrase. ...
- Search the USPTO Database for Your Phrase. ...
- Select the Appropriate Filing-Basis for the Trademark Application. ...
- Select the Appropriate Class of Goods/Services and Description of the Goods/Services. ...
- Pay the Appropriate Gov.
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.
Do I need a lawyer for trademarking?
Do You Need to Hire an Attorney to Federally Register a Trademark? No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.
What is the cheapest way to trademark?
DIY filing is the cheapest way to get a trademark, but it's not risk-free.
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)
What qualifies as a slogan?
A slogan is a sentence or phrase that helps people notice and recognize your brand, services, or products. These are short—a phrase, a sentence, or at most a few short sentences—and should be unique and easy to remember.
Is it better to trademark or copyright a phrase?
A trademark can protect signs such as words, logos, design elements, and even certain phrases or slogans that might define your business's brand. Copyright protects expressive creations you or your business may produce.
Can I do a TM search myself?
Yes, you can do a basic trademark search yourself using the USPTO's free online database (TESS) to check for conflicting marks, which is a crucial first step to avoid application rejection and costly legal issues later, but a truly comprehensive search involves complex analysis (like "likelihood of confusion") and is often best left to a professional attorney to catch subtle similarities in marks, designs, and goods/services.
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).
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.
What names to avoid for LLC?
You should avoid LLC names that are misleading, offensive, too similar to existing brands, or use restricted words like "Bank," "Trust," or "Insurance" without proper licensing; also steer clear of implying government affiliation or illegal activity and names that are hard to spell or remember, as these can cause legal issues, confusion, or hinder branding.
What comes first, LLC or trademark?
For most businesses, form your LLC first to establish a legal owner for your brand, then apply for a trademark under the LLC, but always conduct a trademark search before forming the LLC to avoid costly rebrands if the name is already taken. The LLC provides liability protection and a legal entity to own assets like trademarks; however, you need to know the name is clear before registering the LLC.
What word did Kim Kardashian try to trademark?
Kim Kardashian is again brewing up a social media storm – this time over her application to trade mark the word “Kimono” for her new range of shapewear.
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 ...
What are the 4 types of trademarks?
The four main categories of trademarks, ranked by strength, are Fanciful/Arbitrary, Suggestive, Descriptive, and Generic, with Fanciful/Arbitrary being the strongest (e.g., Kodak, Apple for computers) and Generic being the weakest (e.g., "Aspirin" for pain relievers, which cannot be trademarked). These categories determine how much distinctiveness a mark has and the level of legal protection it receives, with fanciful/arbitrary marks being inherently strong and generic terms never receiving protection.