How to Trademark Your Slogan or Tagline

 As a Trademark Attorney, I often work with businesses that want to protect their brand identity. One key part of a brand is its slogan or tagline, which can be just as valuable as a logo or product name. Whether you’re a small business owner, entrepreneur, or part of a large corporation, securing a trademark for your slogan or tagline can help prevent others from using it and can give you exclusive rights to its use in the marketplace. In this article, I’ll explain how you can trademark your slogan or tagline, step by step.



What Is a Slogan or Tagline?

Before we dive into the trademark process, let’s make sure we understand what a slogan or tagline is. A slogan is a short, memorable phrase used to communicate a key message about your brand. It can highlight the benefits of your product, evoke a specific feeling, or capture the essence of what your business is all about. Some examples of famous slogans include Nike's “Just Do It” and McDonald's “I’m Lovin’ It.” A tagline serves a similar purpose but is often more closely tied to a specific product or marketing campaign.

Having a strong slogan or tagline is essential for branding, but it’s also important to protect it legally. A trademark is a way of securing exclusive rights to your slogan and ensuring no one else can use it in a way that could cause confusion or harm your brand’s reputation.

Step 1: Ensure Your Slogan Is Trademarkable

Not every slogan or tagline can be trademarked. For it to be eligible for trademark protection, it must meet a few key requirements:

  1. Distinctiveness: A slogan must be unique and capable of identifying your brand. The more distinctive it is, the better chance it has of being trademarked. Generic phrases like “Best Quality Service” or “Great Prices Every Day” are unlikely to be eligible, as they don’t stand out enough from other businesses.

  2. Non-Descriptive: Your slogan shouldn’t simply describe the goods or services you offer. A slogan like “Fast Delivery” for a delivery service might be too descriptive and not trademarkable, as it just explains what the business does.

  3. No Confusion: Your slogan shouldn’t be too similar to an existing trademark. If another business is already using a slogan that’s similar to yours, you may run into trouble trying to trademark yours. A trademark search can help determine if your slogan is already in use.

Step 2: Conduct a Trademark Search

Once you’ve come up with a catchy and unique slogan, it’s time to do a trademark search. This step is crucial because it ensures your slogan isn’t already registered or in use by someone else. You can conduct a search on the United States Patent and Trademark Office (USPTO) website, which provides a free tool called TESS (Trademark Electronic Search System). By using TESS, you can see if any other businesses have a registered trademark for a similar slogan or tagline.

If you find that a similar slogan is already registered, you’ll need to come up with a different phrase. Even if the phrase is not identical but is too close to another trademark, the USPTO may reject your application due to the likelihood of confusion. If your search comes back clear, you can move on to the next step.

Step 3: File a Trademark Application

Now comes the exciting part: filing your trademark application with the USPTO. You’ll need to complete an online application through the USPTO’s website. There are two main forms to choose from when filing:

  1. TEAS Plus Application: This is a more affordable option, but it comes with stricter requirements. You’ll need to provide specific information about your slogan, including the goods or services associated with it, and submit a specimen (proof of use) showing your slogan is being used in commerce.

  2. TEAS Standard Application: This option is slightly more expensive but offers more flexibility. You don’t have to meet as many requirements up front, but you will eventually need to provide a specimen and further documentation about your business’s use of the slogan.

When filling out your application, you’ll need to include:

  • The name of the business applying for the trademark
  • A description of the slogan or tagline you want to trademark
  • The goods or services associated with the slogan (for example, if your slogan is tied to a clothing line, you’ll need to specify that)
  • A sample of how your slogan is being used in commerce (this could be a picture of it on a product, website, or advertisement)

After submitting your application, the USPTO will review it to ensure everything is in order. This can take several months, so be patient during this process. If your application is approved, your slogan will be officially trademarked, and you’ll have exclusive rights to use it in connection with the goods and services listed in your application.

Step 4: Monitor and Protect Your Trademark

Once your slogan is trademarked, it’s important to monitor its use to make sure no one else is infringing on your rights. The USPTO has a system called TESS that allows you to periodically check if anyone is attempting to register a similar slogan. If you come across another business using a similar slogan, you can take action to protect your trademark.



Trademark enforcement can range from sending a cease-and-desist letter to taking legal action if necessary. If someone is using your trademark without permission, they may be infringing on your intellectual property rights. This can harm your brand’s identity and reputation, so it’s important to act swiftly if you notice any unauthorized use.

Step 5: Renew Your Trademark

Trademark registration isn’t permanent unless you actively maintain it. After the first five years, you’ll need to file a declaration of continued use to keep your trademark in force. After ten years, you’ll need to renew your trademark registration by submitting additional documentation. Failure to file these renewals on time could result in the loss of your trademark rights.

Conclusion

Trademarking your slogan or tagline is a smart way to protect your brand and ensure that your message remains unique and identifiable to your customers. By following these steps, you can secure the legal rights to your slogan, protect it from competitors, and strengthen your brand’s position in the marketplace. While the process may seem complex, it’s worth the effort to safeguard one of the most valuable assets your business can have: its identity.

As always, if you need help with the trademarking process or have specific questions, consulting with a trademark attorney can make the journey easier and ensure that your slogan is properly protected.


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Contact us:
CANEI
13950 Milton Ave. Suite 300, Westminster, CA 92683, United States
714-783-2222




Location: Westminster, CA, USA

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