How to Secure a Trademark Registration for a Slogan?
Trademarking Business Slogans
Federal trademark registration of business slogans is possible, but only if the slogan functions as a trademark and is capable of distinguishing a company’s goods or services from those of others. Many slogans fail registration because they are deemed merely informational, descriptive, or commonly used phrases rather than true source identifiers.
What Makes a Slogan Registrable — A slogan must be used in a trademark sense, meaning it identifies the source of goods or services rather than merely conveying information or praise. Inherently distinctive slogans, or descriptive slogans that have acquired secondary meaning, may be registered on the Principal Register. Examples include AMERICA RUNS ON DUNKIN’ and I’M LOVIN’ IT. Descriptive slogans without secondary meaning may qualify only for the Supplemental Register until distinctiveness is established.
Common Reasons the USPTO Refuses Slogan Applications — The USPTO frequently refuses registration for slogans that are merely informational, laudatory, descriptive, or commonly used social, political, or cultural phrases. Slogans that convey general information, common messages, or product qualities, such as FRAGILE, THINK GREEN, or THE BEST BEER IN AMERICA, are often found incapable of functioning as trademarks and may never acquire protectable trademark significance.
Balancing Marketing Appeal with Legal Protectability — Marketing teams often favor descriptive slogans because they communicate product attributes quickly, but these same qualities can doom a slogan’s registrability. The strongest slogans are suggestive rather than descriptive, requiring some imagination to connect the phrase to the product or service and making them more likely to function as source identifiers.
For more information, see our blog post Securing Trademark Registration for Your Business Slogan.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
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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