Can I Trademark a Slogan?

Yes, you can trademark a slogan. It is common for businesses to use catchy slogans in their marketing and advertising. In order to secure a trademark on your slogan it must be creative enough to be distinct from other slogans and identify your good, product, or company.

This information was provided by our founding attorney, Xavier Morales, Esq. 

To begin the process of trademarking a slogan, a trademark application must be filed with the United States Patent and Trademark Office (USPTO). This is an essential step towards securing federal trademark registration. Conducting thorough trademark searches is a critical part of the application process, as it helps in determining if similar marks are already in use.

This means that the slogan must either be a wholly unique phrase or description or have developed a secondary meaning associated with a product or service. Such distinctive slogans fall under the category of "suggestive slogans" in trademark law, which are easier to protect than mere descriptive trademarks. For example, “I’m Lovin’ It®” is uniquely associated with a McDonald’s advertising campaign and as such is a trademarked slogan.

Since the area between what can and cannot be trademarked as a slogan can be difficult to understand, it's essential to recognize the types of trademarks and understand how they differ. The U.S. Trademark ID Manual can be a useful resource in this regard, or you can speak to a Trademark Attorney.

If you're thinking of trademarking a slogan, our law firm can guide you through the various steps and forms required for federal registration, ensuring that your intellectual property and trademark rights are properly secured.

Gaining trademark protection for a slogan grants nationwide validity, which is a significant advantage over common law trademark rights. However, remember that maintenance documents must be filed periodically to keep your federal trademark registration active.

Engaging a trademark attorney is advisable, especially for slogans used in everyday speech or marketing efforts, as these might be seen as common phrases and harder to trademark. Bases for trademark filing and notice requirements are important aspects that a trademark attorney can help you navigate. Contact us today if you're looking for help trademarking a slogan.

The Trademark Process

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Xavier Morales, Esq.

About the Author

Xavier Morales, Esq.

Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.

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