Can You Trademark a Slogan?

Can you trademark the slogan you're using in your advertising? Keep reading to find out!

First off, in order for anything to be trademarked, it has to be used in commerce. You hear me say this a lot. If you’ve seen my other videos, they harp on this point.

Why?

Because it's required by law.

What does “used in commerce” mean? It means it has to be used in connection with the sale of goods or services. Your slogan–it might be catching, it might be cute–but if it's not used in a way for someone to purchase what you're selling, it does not qualify for trademark registration. Here’s why this is really important. If you go to register your slogans, and you're not using it in commerce, you are now putting your slogan into the USPTO database, a public database, where other people can see it and potentially take it. Now that doesn't mean you don't have grounds to stop them–but it can be a fight.

So how do you protect your slogans? First, you want to use them in connection with our goods or services. That means you have that slogan, and underneath it, maybe you show what you're selling, and an “Add to Cart” button or “contact me for more information.” This will allow you to prove to the USPTO that you're using it in connection with the goods or services in commerce.

Secondly, when you go to register your trademark, make sure that you provide adequate specimens. These specimens are where I'm talking about that list of goods or services in connection with your slogan. This actually gives your application a fighting chance on these grounds. This allows the USPTO to see you are using this as a source identifier in commerce. It's really important.

Now, if you do those things, you can really increase your chances of moving your trademark application forward through the USPTO system. However, bear in mind, we're not addressing other issues that could come up. We're focusing purely on the slogan use. Now, when you use your slogan, think about–especially as you're growing your business, developing your branding, or putting into your websites–could there be a way for anybody to look at the slogan and tell the services or goods that you are selling. Is it obvious? For instance, if you have a phrase that’s really catchy and that's it, that's not enough. Now if you have that catchy phrase on your marketing materials with a “Contact us now to discuss your case” button, or “Learn more about our fees or our services,” that’s a different story. You’ve provided a way for people to see that this is associated with you and your services.

So yes, you can trademark or slogan as long as it's used correctly. If you have questions about trademarking your slogan, reach out today and we can talk about if it's eligible or not. Talk soon!