Can You Register Your Slogan?

Written by UPrinting - Updated on April 11, 2025

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Last updated on April 11th, 2025 at 05:50 am

Does your business use a slogan to capture its brand identity and values? If yes, it is highly recommended to register it as a trademark, giving you an exclusive right to its use while preventing others from using it without your permission.

However, not all slogans qualify for trademark protection, as they need to meet specific requirements from the US Patent and Trademark Office (USPTO).

Some people confuse trademarks with copyrights, as both give an individual or business the right to protect their work. In a nutshell, trademark protects business slogans and symbols, whereas copyright protects original creations and artwork.

What Are the Criteria to Earn Exclusive Rights to a Slogan?

You can trademark a catchy phrase or tagline you use to differentiate yourself from the competition. Nevertheless, ensure that it meets the criteria below before starting the registration process.

1. Unique

The phrase should not be identical or too similar to an already registered slogan, unless yours is in a completely different industry. If a customer may confuse your tagline with another one, the USPTO will likely reject your application.

2. Suggestive

A good slogan should be suggestive rather than descriptive. It must allude to the quality or nature of your goods or services, or convey the brand’s identity. For example, Nike coined “Just Do It” in 1988 to denote the athletes’ energetic enthusiasm and fearlessness when confronted with challenges.

3. Non-Generic

A good slogan is distinct rather than generic. For example, a phrase like “Best Shoes for You” would be too common to trademark as a slogan. Thus, take the time to evaluate your brand’s distinctiveness and core values to come up with a relevant and memorable tagline.

4. Use in Commerce

To register your slogan, it must appear on the actual products, their packaging, or point-of-sale displays. Or if you are in the service industry, it should be used in the sale, advertising, or completion of service.

Note: It is possible to begin the application process before using a slogan, provided you can establish a “good faith” intention to use it in the near future.

What Makes a Slogan Unregistrable?

You may not be able to trademark slogans for various reasons. These are the grounds for refusal of registration:

❗ The consumers cannot easily associate the slogan with your business.
❗ The slogan is too informational or descriptive.
❗ The slogan consists of very common words that won’t let your brand stand out.
❗ It is a direct quote or citation from a religious text.
❗ The tagline is already used and registered by another business from the same industry. However, there is one exception to the rule: If two similar slogans are used by two completely different products, then both are considered registrable.

How to Protect Your Trademarked Slogan

Protecting your trademarked slogan requires ongoing vigilance and legal actions to prevent infringement and misuse by other businesses and individuals. Here’s what else you need to know.:

1. Monitor Your Trademark

The USPTO can only register trademarks, not monitor or enforce them. This means it is up to you to monitor your registered slogan. Here’s the list of things you can do to perform this task.

Monitor USPTO filings and oppose any new trademark filings that look similar to your slogan.
Look out for slogans in your industry that are identical or closely similar to yours. You can do this by conducting an online search regularly.
Subscribe to a trademark watch service.

2. Use the ® Symbol

This typographic symbol informs the public that your slogan has been registered with the USPTO, giving you the exclusive right to use it.

3. Enforce Your Rights

If a business or individual uses your slogan without permission, you can send a cease-and-desist letter to the infringer. If it doesn’t deter them, your trademark registration gives you the right to take legal action against them.

4. Renew Your Trademark Registration Regularly

In the US, you need to renew your trademark registration within these deadlines:

Between the fifth and six years after the registration date
Between the ninth and 10th year after the registration date
Every 10 years after that

5. Register in Other Countries If Needed

If you are doing business internationally (or planning a global expansion), you may want to trademark your slogan in other countries. Although you can file a separate application in each country, it’s more recommended to file it under the Madrid Protocol that can nominate the countries where you want to register your slogan.

Registering your slogan as a trademark can make you the rightful, exclusive owner of this phrase. This allows you to protect your brand identity and prevent your competitors from using it without your permission.

However, the enforcement and monitoring of your trademarked slogan is up to you, which means you need to stay vigilant and take legal action if another business or individual uses it.