Trademarking Slogans and Taglines: What You Should Know

In today’s competitive business environment, a catchy slogan or memorable tagline can be just as valuable as a company’s name or logo. Phrases like “Just Do It,” “I’m Lovin’ It,” or “Because You’re Worth It” are instantly recognizable, emotionally resonant, and often the centerpiece of multi-million-dollar advertising campaigns.

But with value comes vulnerability. Slogans and taglines are prime targets for imitation or misuse. That’s why registering them as trademarks is a smart move for businesses looking to protect their identity, reputation, and market share.

This article explores the process, benefits, and limitations of trademarking slogans and taglines, as well as practical tips for creating protectable phrases.

What Is a Trademark and Can a Slogan Qualify?

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. While logos and brand names are the most commonly trademarked elements, slogans and taglines can also receive trademark protection—if they meet certain requirements.

What Makes a Slogan Trademarkable?

To qualify as a trademark, a slogan must:

• Be distinctive: It should be unique and not just describe the product or service.

• Serve a source-identifying function: Consumers should associate the phrase with your specific brand.

• Not be merely descriptive or generic: “Fresh Bread Daily” might describe a bakery’s offering, but it’s unlikely to qualify as a distinctive trademark.

The more creative, suggestive, or arbitrary your slogan is, the higher the likelihood of successful registration.

Examples of Registered Slogans

Many well-known taglines have been granted trademark protection due to their distinctiveness and commercial impact:

• “Just Do It” – Nike

• “Have It Your Way” – Burger King

• “The Ultimate Driving Machine” – BMW

• “Think Different” – Apple

These examples work because they are more than simple descriptors—they communicate brand philosophy and emotional value.

How to Trademark a Slogan or Tagline

Trademarking a slogan involves a legal process that typically includes searching, filing, and awaiting examination. Below is a step-by-step breakdown.

1. Conduct a Trademark Search

Before you apply, check to see if your desired slogan is already in use or registered. Use databases such as:

• USPTO’s TESS (U.S.)

• EUIPO eSearch (European Union)

• WIPO Global Brand Database (International)

Searching prevents wasting time and money on an unregistrable phrase and helps avoid infringement lawsuits.

2. Assess Distinctiveness

If your slogan is too generic, it may be rejected. Terms that are suggestive, fanciful, or arbitrary tend to fare better.

Descriptive example (unlikely to qualify): “Delicious Ice Cream”
Suggestive example (more likely to qualify): “Scoop into Happiness”

If your phrase needs time to gain recognition, it might acquire “secondary meaning” through extensive use over time—but this process takes effort and proof.

3. File Your Application

You can file a trademark application with your country’s trademark office (e.g., USPTO, EUIPO, or UKIPO), or through international systems like the Madrid Protocol for broader protection.

You'll need to:

• Specify the classes of goods/services (according to the Nice Classification)

• Provide examples of usage (specimens)

• Pay applicable filing fees

4. Wait for Examination

A trademark examiner will review your application. If there are issues (e.g., descriptiveness, similarity to existing marks), you may receive an office action and be asked to respond or amend your filing.

5. Monitor and Enforce Your Trademark

Once registered, it’s up to you to monitor the market for misuse and enforce your rights if necessary. Failure to do so may weaken or forfeit your trademark.

Common Reasons for Rejection

Trademark offices frequently reject slogan applications for the following reasons:

• Too descriptive: Describes features or benefits of a product (“Fast and Reliable Shipping”)

• Generic terms: Common phrases with no distinctiveness

• Ornamental use: If used decoratively on merchandise rather than as a source identifier

• Conflict with existing marks: Similar to already registered slogans or trademarks

To increase your chances, craft slogans that are creative, unexpected, or emotionally evocative.

Benefits of Trademarking Your Slogan

Registering your tagline as a trademark provides powerful legal and strategic advantages:

1. Exclusive Rights

You gain the exclusive right to use the slogan in connection with your specified goods or services in the registered territory.

2. Deterrence

The ® symbol shows competitors and counterfeiters that your brand is legally protected, discouraging infringement.

3. Legal Recourse

You can take legal action against unauthorized use, including demanding takedowns, pursuing damages, or blocking imports.

4. Brand Value

Registered trademarks are valuable intellectual property assets that enhance your brand’s credibility and can increase company valuation or sale potential.

Tips for Creating a Trademarkable Slogan

If you're developing a new slogan or tagline, here are some best practices:

Be Unique, Not Generic

Avoid obvious descriptions or industry clichés. “Eco-Friendly Packaging” is likely unregistrable, but “Wrap the Future” might stand out.

Think Long-Term

Choose a phrase that aligns with your brand identity and is broad enough to evolve with your offerings over time.

Keep It Short and Memorable

Most successful slogans are concise, often no more than 5–7 words. Rhythm, rhyme, and clever wordplay help with memorability.

Avoid Legal Pitfalls

Don’t reference competitors, celebrities, or copyrighted material. This not only weakens your application but may expose you to lawsuits.

International Considerations

If you operate internationally, consider trademarking your slogan in each relevant jurisdiction—or use systems like the Madrid System to file across multiple countries with one application.

Keep in mind that:

• Rules vary across countries (e.g., EUIPO, USPTO, UKIPO)

• Language and cultural context affect distinctiveness

• Slogans may need translation or localization for specific markets

Protecting Your Brand's Voice

Slogans and taglines are more than clever marketing phrases—they're vital parts of your brand identity. Trademarking them helps ensure that the message you’ve invested in remains uniquely yours.

By choosing a distinctive, creative slogan and following the proper legal steps, you gain more than just protection—you gain peace of mind and a long-term strategic advantage.

Whether you’re a startup with a bold new catchphrase or an established brand fine-tuning your messaging, the time to secure your slogan is now.