Can you register a slogan as a trademark?
Asked by: Tyrese Mayer | Last update: May 12, 2026Score: 4.2/5 (19 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 I trademark my 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.
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.
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.
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 to tell if a slogan is trademarked?
The most reliable way to check if a phrase is trademarked in the United States is by using the United States Patent and Trademark Office (USPTO) database. The USPTO's Trademark Electronic Search System (TESS) is a free tool that lets you search for registered trademarks and pending trademark applications.
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.
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 LLC?
An LLC will help to protect your personal assets if your business is sued, while a trademark will prevent others from using your brand identity without permission. By ensuring that you have both types of protection in place, you can help to safeguard your business against legal challenges and competitors.
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 a trademark?
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 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 do I trademark my 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 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 the 3 month rule for copyright?
Copies of all works under copyright protection that have been published or distributed in the United States must be deposited with the Copyright Office within 3 months of the date of first publication.
Is it better to get a TM or a copyright?
For businesses that want to fully protect their logos and brand identity, trademark registration is the best choice. But for those who don't yet have the resources, starting with copyright can still provide valuable protection.
Does an LLC protect your logo?
However, forming an LLC does not protect your brand name, logo, or slogan on a national level. What Does a Trademark Protect? A trademark protects your business name, logo, slogan, or other brand identifiers from being used by someone else.
Should I trademark my slogan?
Trademarking slogans helps protect against brand confusion. If someone else starts using a similar phrase in the same industry, it could weaken your brand's impact or even mislead consumers. With a registered trademark, you have the right to stop them—and preserve the integrity of your message.
Can I do a TM search myself?
Even if you don't hire an attorney, it's important to do a search yourself. While a comprehensive clearance search involves many sources, searching the United States Patent and Trademark Office's (USPTO) federal trademark database is one essential step.
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.
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 are the 4 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic. Fanciful or arbitrary marks are the strongest.
How much can you sue for a trademark?
You can sue for actual damages, lost profits, and statutory damages—up to $2 million per counterfeit mark in willful cases. What are the penalties for trademark infringement? Penalties can include monetary damages, injunctions, attorney's fees, and in some cases, triple damages for willful infringement.