Trademarking a slogan is one of the smartest ways to protect a catchphrase or tagline that represents your brand. Whether it’s a catchy marketing line or a creative phrase used in advertising, your slogan can become just as valuable as your company name. But not every phrase qualifies for trademark protection — and getting one registered takes more than just a clever idea.
In this guide, we’ll walk you through how to trademark a slogan, when it’s eligible for protection, what it costs, and how to avoid common mistakes.
What Is a Trademark Slogan?
A slogan is a short phrase that helps identify your brand and distinguish it from others. For example, Nike’s “Just Do It” or McDonald’s “I’m Lovin’ It” are instantly associated with their companies.
To be eligible for trademark protection, a slogan must be more than just a description — it must serve as a source identifier. In other words, people should associate the phrase with your specific business or product.
Can You Trademark a Slogan?
Yes, you can — but not all slogans are accepted by the USPTO. The United States Patent and Trademark Office requires that a slogan:
- Is not generic or merely descriptive
- Is used in commerce (or intended to be)
- Distinctly identifies your product or service
For example, a phrase like “Best Coffee in the City” would likely be rejected because it’s descriptive. But a slogan like “Fuel Your Day, Your Way” might be considered distinctive and eligible.
Step-by-Step: How to Trademark a Slogan
1. Conduct a Trademark Search
Before filing anything, make sure your slogan isn’t already registered or in use. You can search the USPTO database yourself, but for accuracy and peace of mind, we recommend a professional clearance search.
✅ Our agency offers a full slogan trademark search for $400.
2. Determine Eligibility
Evaluate if your slogan is:
- Distinctive (not descriptive)
- Associated with your product/service
- Not already in common use
If your slogan has been used extensively in marketing and consumers associate it with your brand, that helps prove “secondary meaning” — which can increase your chances of approval.
3. Choose Your Filing Basis
You can file:
- “Use in Commerce” if you’re already using the slogan in marketing materials, packaging, or labels.
- “Intent to Use” if you plan to use it soon but haven’t started yet.
4. File Your Application with the USPTO
Submit your application through the Trademark Electronic Application System (TEAS). You’ll need to:
- Select the correct trademark class
- Upload a specimen (proof of usage)
- Pay the filing fee
💡 TEAS Plus starts at $350 per class, while TEAS Standard is $350 per class.
5. Respond to Office Actions or Oppositions
If there are any issues, the USPTO will send an Office Action. You may also face opposition from third parties. An experienced trademark attorney can help navigate these challenges.
How to Prove “Use in Commerce”
To register a slogan, you must show it’s being used in real business. Examples include:
- Tags, labels, or packaging with the slogan
- Marketing materials or ads with the phrase
- Websites or product listings featuring the slogan
⚠️ A slogan printed across the front of a T-shirt may be rejected unless it’s used as a brand identifier (like a neck label or hang tag).
What Does It Cost to Trademark a Slogan?
Here’s a breakdown of typical fees:
| Item | Cost |
|---|---|
| USPTO Filing Fee (TEAS Plus) | $350 per class |
| Statement of Use (if filed later) | $100 per class |
| Extension Request (optional) | $125 per class |
| Our Search Fee | $400 |
| Our Filing Fee (Includes attorney support) | $950 |
How Long Does It Take?
- Filing receipt: Immediate
- USPTO examination: Within 3–4 months
- Publication in Official Gazette: After approval
- Final registration: 3–4 months after publication if unopposed
Types of Trademarks: Where Does a Slogan Fit?
Slogans can fall into different categories:
✅ Suggestive or Arbitrary Slogans
These are more likely to be approved. Example: “Just Do It” (Nike)
❌ Generic or Descriptive Phrases
These usually won’t qualify unless they’ve acquired distinctiveness over time. Example: “Fresh Bread Daily”
What About Common Law Rights?
Even if you don’t register your slogan, you may have limited common law rights if you use it in commerce. However, these rights are local, harder to enforce, and don’t offer nationwide protection.
Trademark Symbols: TM, SM, ®
- Use ™ for goods and ℠ for services before registration.
- Use ® only after federal registration is granted.
Misusing the ® symbol before official registration can hurt your application.
Trademarking a Slogan Internationally
If you plan to use your slogan overseas, you’ll need to file internationally. You can often use your U.S. application as a basis under the Madrid Protocol, which streamlines filings in multiple countries.
Renewal and Maintenance
To keep your slogan protected:
- File your first renewal between years 5–6
- Second renewal is due between years 9–10
- Ongoing renewals are required every 10 years after that
Failure to renew or respond to USPTO requests can result in your trademark becoming abandoned or “dead.”
Final Tips: Avoid These Mistakes
❌ Don’t file without a proper search
❌ Don’t use ® before official registration
❌ Don’t submit weak specimens (e.g., slogans only on merch fronts)
✅ Do use a professional to improve your approval chances
Need Help? We’ve Got You Covered
At Trademark Registration Agency, we’ve helped file over 100,000 trademark applications, including slogans and taglines. Let our legal team guide you through the process with full support — from search to registration.
