Your slogan is more than catchy words. It’s the voice of your brand, the message customers remember, and a core part of your identity. If you don’t protect it, someone else could use it and confuse your audience or damage what you’ve built.
Learning how to trademark a slogan gives you legal ownership. You’ll stop copycats and protect the reputation you’ve worked hard to create. This guide walks you through the process step by step, so you can secure your slogan without getting lost in legal confusion.
Why Trademarking Your Slogan Matters
A trademarked slogan is legally yours. It means no one else can use it in your industry without your permission. This protection keeps your brand distinct and prevents competitors from riding on your success.
Think about famous slogans like Nike’s “Just Do It” or McDonald’s “I’m Lovin’ It.” These phrases are instantly recognizable because they’re protected. Trademark registration gives you exclusive rights and builds trust with customers who know your message is authentic.
Without a trademark, anyone could copy your slogan. You’d have limited legal options to stop them. Protecting your slogan early saves you from costly disputes later.
What Makes a Slogan Eligible for a Trademark
Not every slogan qualifies for trademark protection. Your slogan needs to be distinctive — meaning it stands out and isn’t just a common phrase or basic description of your product.
Generic slogans like “Best Coffee in Town” won’t pass because they’re too ordinary. Strong slogans are memorable, unique, and tied directly to your brand. They create a connection that customers recognize.
Here’s how strong slogans compare to weak ones:
| Strong Slogans | Weak Slogans |
|---|---|
| “Just Do It” (Nike) | “Best Quality Shoes” |
| “I’m Lovin’ It” (McDonald’s) | “Tasty Fast Food” |
| “Think Different” (Apple) | “Great Technology Products” |
The stronger your slogan, the easier it is to trademark. Courts look for creativity and originality, not vague descriptions that anyone could use.
Steps to Trademark Your Slogan
Filing a trademark application doesn’t have to be complicated. Breaking it into clear steps makes the process manageable, even if you’re doing it yourself.
Step 1 – Check If Your Slogan Is Already Trademarked
Before you apply, search existing trademarks. You can’t register a slogan that someone else already owns. The USPTO database (if you’re in the U.S.) lets you search for free at uspto.gov.
Type your slogan into the search tool. Look at results carefully — similar phrases might block your application even if they’re not identical. If you find a match in your industry, you’ll need to pick a different slogan.
Don’t skip this step. Filing without checking wastes time and money if your application gets rejected.
Step 2 – Prepare Your Application
Your application needs specific information. You’ll describe your slogan, explain how you use it, and identify the products or services it represents. Trademarks are organized by classes — categories like clothing, food, or software.
Pick the right class for your business. If you sell multiple product types, you might need more than one class. Each class has its own filing fee, typically between $250 and $350 per class.
You’ll also need to show how you use the slogan. Submit examples like photos of packaging, screenshots of your website, or advertising materials. Proof of use is required, so gather these materials before you start.
Step 3 – File Your Trademark Application
You can file online through the USPTO’s Trademark Electronic Application System (TEAS). The process takes about 30 minutes if you have everything ready.
Fill out each section carefully. Double-check your slogan’s spelling and your contact information. Small mistakes can delay your application or lead to rejection.
After you submit, you’ll get a confirmation number. Save it. You can use this number to track your application’s progress online.
Step 4 – Wait for Review and Approval
The USPTO reviews applications within a few months. An examining attorney checks if your slogan meets all requirements. They’ll look for conflicts with existing trademarks and verify your slogan is distinctive enough.
If there’s an issue, you’ll receive an office action — a letter explaining what needs to be fixed. You’ll have six months to respond. Most problems can be resolved with clarification or minor changes.
Once approved, your slogan gets published in the Official Gazette. Other businesses have 30 days to oppose your trademark. If no one objects, you’ll receive your registration certificate.
Common Mistakes to Avoid
Many first-time applicants make errors that delay approval. Here’s what to watch out for:
- Using a generic or descriptive slogan. Phrases like “Quality Service” or “Fresh Daily” won’t get approved. They’re too common and don’t identify your specific brand.
- Skipping the trademark search. Filing without checking existing trademarks almost guarantees rejection. Always search first.
- Not proving real-world use. You can’t trademark a slogan you haven’t actually used in business. The USPTO requires evidence that you’re actively using it to sell products or services.
- Missing renewal deadlines. Trademarks aren’t permanent unless you maintain them. You’ll need to file maintenance documents every few years to keep your protection active.
How Long Does a Slogan Trademark Last
A registered trademark lasts 10 years from the date of registration. After that, you can renew it for another 10 years. There’s no limit to how many times you can renew, so your protection can last indefinitely.
You’ll need to file maintenance documents between the fifth and sixth year after registration. This proves you’re still using the slogan. If you don’t file on time, you’ll lose your trademark.
Set reminders for these deadlines. Missing them means starting the entire process over, which costs more money and leaves your slogan unprotected in the meantime.
Trademarking a Slogan vs. Copyrighting It
People often confuse trademarks and copyrights, but they protect different things. Understanding the difference helps you choose the right protection for your needs.
| Feature | Trademark | Copyright |
|---|---|---|
| Protects | Words, phrases, symbols | Creative works (music, writing, art) |
| Duration | Renewable every 10 years | Life of author + 70 years |
| Purpose | Identifies brand | Protects the expression of ideas |
| Example | “Just Do It” | A novel or a song |
Trademarks protect brand identifiers like slogans and logos. Copyrights protect original creative content like books or artwork. A slogan typically gets trademark protection because it identifies your business, not because it’s a creative work.
You can’t copyright a short phrase like a slogan. Copyright law doesn’t cover brief expressions. If you want legal protection for your slogan, trademark registration is the right choice.
FAQs
Can you trademark a slogan without a logo?
Yes. Slogans can be trademarked on their own without any design elements. You don’t need a logo to protect your phrase.
How long does it take to trademark a slogan?
The process typically takes 8 to 12 months from filing to final registration. Complex cases or office actions can extend this timeline.
Can two companies have the same slogan?
Only if they operate in completely different industries. Trademarks are class-specific, so a slogan for clothing won’t conflict with the same slogan for software. However, famous trademarks get broader protection.
Do I need a lawyer to file a slogan trademark?
No, but it helps. You can file yourself using the USPTO’s online system. A lawyer can prevent mistakes and handle complications, but many small business owners successfully file without one.
Protecting your slogan with a trademark gives you exclusive rights to your brand’s message. It stops competitors from copying what you’ve built and strengthens your position in the market.
Start by checking if your slogan is available, then file your application with accurate information and proof of use. Stay on top of maintenance requirements to keep your protection active for years to come. Your slogan represents your brand — make sure it stays legally yours.
