In order for a slogan, tag line, motto, or other sentence or phrase attached to your product or service to be trademarked, you will have to show that it is unique, distinctive, and creative, and/or that it has developed enough “secondary meaning” that consumers easily and automatically connect the phrase with your brand upon hearing it. A good example would be the sentence “Just do it.”
Although this is a sentence that is commonly uttered in many different circumstances, it is hard to hear it without thinking of the Nike brand. Trademarking your distinctive slogan or tagline can protect it from being stolen for use by competitors, thus watering down the strength of your brand and brand identification. The experienced and knowledgeable trademark attorneys at Thompson Patent Law can lead you through the process of trademarking your slogan. Call our office today at (512) 649-1046.
What Kinds of Phrases Can Be Trademarked?
There are two kinds of phrases or sentences that can be trademarked. The first is a slogan that is associated with a marketing campaign or used to sell your product or service or establish your brand, and the other is a slogan or short phrase put on items like t-shirts or coffee mugs to amuse or entertain. The only time this second type of slogan can be trademarked is if it is directly related to the product or service you are offering. For example, “Smile if You Love America” would not likely be trademark-worthy, but “Smile if you Love Licorice” might be if you sell or manufacture licorice.
What is the Process for Trademarking a Slogan?
There are several steps to registering a trademark for a slogan or tagline. The first is a thorough search of databases to see if anyone else has already trademarked the phrase. After that, there is an application process to go through with the United States Patent and Trademark Office (USPTO). It is common for a trademark examiner to reject an application on the first try on the grounds that the slogan is merely decorative, or that it is not distinctive enough. If this happens, it will be necessary to show that the slogan has a secondary meaning attached to your brand. It is advisable to enlist the guidance of an experienced trademark and patent attorney to lead you through this process.
Why is Thompson Patent Law My Best Choice for a Trademarks Attorney?
Here at Thompson Patent Law, our team has over 20 years of experience helping businesses of all sizes from sole proprietorships to Fortune 100 corporations with their trademark and patent needs. We bring the full force of your experience and knowledge to every client’s situation. Call Thompson Patent Law today at (512) 649-1046 for the legal counsel you need in your quest to trademark a slogan.
