Yes, if the slogan identifies you as the source of your goods or services rather than simply conveying information. The USPTO refuses slogans it considers merely informational, ornamental, or a commonplace message that everyone uses. That is the test most slogan applications fail.
The question is whether it points to you
A trademark works by telling customers where something came from. A slogan registers when consumers would perceive it as identifying your business specifically, and not when it reads as a general statement anyone in your industry might make.
JUST DO IT works because decades of use have tied it to one company. DRINK MORE WATER does not, because it is advice rather than a brand.
The common refusals
- Merely informational matter. Slogans that convey a familiar sentiment, social message, or ordinary piece of information are refused because consumers read them as a message, not as a brand. Common phrases printed on merchandise fall here regularly.
- Ornamental use. If the slogan appears across the front of a t-shirt as a decorative design, the USPTO may find it is decoration rather than an indication of source. How you use it, and what your specimen shows, matters enormously.
- Descriptiveness. A slogan that describes a quality or characteristic of what you sell faces the same hurdle as a descriptive name, and needs acquired distinctiveness to register on the Principal Register.
- Likelihood of confusion. Slogans are compared against existing marks like any other, including marks that are not slogans at all.
What makes a slogan more likely to register
Use it consistently as a brand element rather than as copy that changes campaign to campaign. Registration follows use, and inconsistent use undermines the argument that it identifies you.
Place it where source identifiers go. On packaging near the brand name, on a website header, on a product tag. That produces a specimen showing trademark use rather than decoration.
Keep it distinctive. The more the phrase could plausibly have come from any competitor, the weaker the application.
Slogans are often worth less than they feel
Slogans change. Names do not, or at least not as often. If you have a limited budget, the name and the logo generally protect more of your actual business value than a tagline you may replace in three years.
That is a commercial judgment rather than a legal one, and it is worth making deliberately.
The specimen is where slogan applications die
- A specimen is the evidence you submit showing the mark in real use. For slogans, it is usually the deciding document.
- A specimen showing the slogan across the chest of a t-shirt invites an ornamental refusal, because that is how decoration appears, not how brands appear.
- A specimen showing the slogan on a hang tag, on packaging near the brand name, in a website header, or on a product label is far more likely to be accepted, because that is where source identifiers sit.
- If the only place your slogan appears is decorative, the fix is usually to change how you use it before you file, rather than to argue about it afterwards.
Filing before you use it
If the slogan is not in commerce yet, an intent-to-use application lets you file on a bona fide intention to use it. That secures your filing date while you prepare.
It does not skip the use requirement. After the application is allowed you receive a Notice of Allowance, and a Statement of Use with an acceptable specimen is due within six months. Extensions are available in six-month increments up to a limit, each with a fee.
Slogans are a common intent-to-use filing precisely because campaigns are planned in advance. Just be aware the clock is real, and missing it abandons the application.
How to judge your own slogan
- Could a competitor in your industry use this sentence honestly in their own marketing? If yes, it is probably informational rather than distinctive.
- Does it describe what you sell or a benefit of buying it? If so, expect a descriptiveness refusal.
- Would a customer seeing it on a product think of your business specifically, or just read it as a message? That question is essentially the legal test in plain English.
- Have you used it consistently for long enough that anyone associates it with you? Slogans acquire strength through repetition more than most marks.
Frequently asked questions
How long does a slogan need to be in use before I can register it?
There is no minimum period for filing based on use, though you need to be using it in commerce. If you are not using it yet, an intent-to-use application lets you file first and prove use later.
Can I trademark a common phrase?
Generally not, if the phrase is a widely used commonplace message. The more familiar the sentiment, the less likely consumers are to treat it as identifying one source.
Is a slogan protected by copyright instead?
Usually not. Copyright does not protect short phrases, titles, or slogans. Trademark is the applicable route.
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This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Rules differ by state and change over time. Please speak with a licensed attorney about your own situation.