Can I Trademark a Slogan or Phrase?
Yes, trademarks generally consist of a word, phrase, and/or design, so they absolutely can include a slogan or phrase, provided the slogan or phrase is used as a trademark.
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Trademarks are words, phrases, or designs that serve to identify the source of a product or service in the eyes of consumers. Still, there are certain parameters that apply. A slogan is a type of phrase defined as “a brief attention-getting phrase used in advertising or promotion” and “a catchphrase used to advertise a product.” See TMEP § 1213.05(B)(i), citing Merriam-Webster.com and Webster’s New World College Dictionary (4th ed. 2010). Slogans are often paired with an existing company mark or product mark (i.e., “Have a COKE and a smile”).
In order to be registered with the United States Patent and Trademark Office (USPTO) as a federal trademark, a slogan must be one that is used in a trademark sense and functions as a trademark or service mark. TMEP § 1213.05(B)(i). In other words, slogans are registrable in the United States if they are “capable of trademark significance” and “used in such a way as to identify and distinguish the seller’s goods and services from those of others.” Marks that consist of a slogan that is generic, merely descriptive, merely informational, or that are not being used as a trademark will be refused. On the other hand, federal registration is possible for slogans that are inherently distinctive or, if descriptive, have been in use for many years and have acquired secondary meaning in the market. Descriptive slogans that can (but have not yet) developed secondary meaning may be registered on the Supplemental Register if the mark is in use or the application is based on a foreign registration. Registration on the Principal Register may be obtained later, once secondary meaning has been established (usually through more than five years’ use and/or large amounts spent in advertising and marketing).
In recent years, the USPTO has taken a narrower view of what constitutes an inherently distinctive slogan, consistently refusing to register slogans that (1) convey general information about the goods or services; or (2) are merely descriptive of the goods or services (for example, “World’s Best Ice Cream”).
For a fuller discussion of the impact of tariffs and contract clauses, see our blog post, Here Come The Tariffs: Tips for In-House Counsel Reviewing Contracts.
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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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