How to trademark a slogan
A slogan that stands beside your business name can be a trademark of its own. The quality of the line decides how easy that is.
A slogan can be trademarked when customers read it as a signal of who is behind the product and not only as praise for it. The more distinctive the line, and the more consistently you use it next to your name, the stronger the case for registration.
Where a slogan sits on the distinctiveness scale
Examiners place marks along a scale from generic to inventive, a step the USPTO calls fanciful. Slogans follow the same scale. The examples below were invented for illustration.
| Level | Illustrative slogan | Outlook |
|---|---|---|
| Generic | "Roofing for homes" | Likely refused |
| Descriptive | "Quality roofing at fair prices" | Often refused unless customers have come to know it |
| Suggestive | "A roof that keeps its word" | More likely to be accepted |
| Inventive | A coined phrase with no ordinary meaning for the product | Usually the strongest position |
Praise is a weak foundation
Lines that claim to be the best or the finest tend to be treated as ordinary advertising talk. A slogan built on a superlative says what you hope customers think. A slogan that plays on an idea, a sound or a twist of meaning gives them something to remember you by. That difference is the one an examiner tends to look for.
What helps and what hurts
Features that tend to help include a twist of meaning, a distinctive rhythm, and a link to your product that takes a moment to see rather than stating it outright. Features that tend to hurt include lists of benefits, location words, price claims, and words every competitor in your field uses. A slogan that could sit on a rival's packaging without changing a word has little to identify you.
How the slogan appears with your name
A slogan does its best work when it appears in the same wording beside your name, on the same labels, pages and packaging. Customers learn to connect the two. A line that changes with every campaign does not build that link, and a sample showing the slogan inside a long block of advertising copy may not show it working as a brand.
Five questions to ask before you file
- Would a stranger read this line as describing the product, or as pointing to one business?
- Do you plan to use it, word for word, for several years?
- Does it appear on labels, packaging or a site header, apart from the body copy?
- Have you searched for the same wording or something close? Try our free trademark search.
- Is the business name already protected, or is it still unfiled?
Name first, slogan second
For most businesses the name is the asset that lasts, so it comes first. A slogan filing is a second application with its own fee, and the USPTO base fee is $350 per class. If your slogan will change within a year, the filing may cost more than it returns. If it sits at the centre of your marketing, filing earlier is a sound step. Our guide to trademarking a name explains the base process.
Slogans compared with phrases
A slogan belongs to your business and is written to sell it. A phrase in the sense of a saying or quotation, especially when printed on merchandise, has other pitfalls, and we cover those in how to trademark a phrase. If your line serves both purposes, it is worth deciding which role matters more before you file.
When to wait
You can reasonably hold off if the line is a test, if the campaign is short, or if you are still choosing between versions. You can use the TM symbol on an unregistered slogan while you decide, and the registered symbol is allowed only after registration. Our page on TM vs the registered symbol explains the difference. When the line is settled, register a trademark shows what we do and what it costs.
Talk to us: Call +1 (619) 782-6859 or email hello@argostrademark.com
This is general information, not legal advice.