Can a slogan be a registered trademark?

Many different things can function as a trademark: a logo, a symbol, a single word, a name, and even a slogan. A trademark can potentially be anything that identifies or signifies the source of the product or service. It must work to distinguish that product or service from other similar products and services. In essence, a trademark is a tool used by a company to differentiate its products from others in the mind of the consuming public.

Companies sometimes want to get brand protection for a slogan. For example, they may claim to have the “World’s Fastest Tire Change Service” or “Best Shrimp in Texas.” But such slogans can present problems in terms of trademark protection because they do not necessarily satisfy the two requirements for a trademark mentioned above.

If the slogan is merely informative or praises the product, it will most likely not qualify for trademark registration. When using a tagline similar to the above two, it doesn’t really function primarily as a source indicator. Having the “World’s Fastest Tire Change Service” doesn’t really tell you who’s behind the service in the way that the Midas or Goodwrench logo on the front of the building does. It may be true that over time a certain brand will come to be known as the fastest tire changer, but that distinction is earned and often only comes with long-term use. The tagline actually functions more as a description of the service than as an indicator of the service provider.

The context also matters. Slogans placed on clothing, for example, can be difficult to present as a proper use of the trademark, because they often appear to convey a message rather than a source. Graphic T-shirts with witty or humorous phrases may not qualify for federal trademark protection because the message is effectively there for fashion purposes, not to indicate the source.

Taglines used with services can be even more problematic. The Trademark Office rules state that “the use of a designation or slogan to convey advertising or promotional information, rather than identify and indicate the source of services, is not use of a service mark.” Another concern with service-based taglines is to avoid describing the product in the service. So a home cleaning business probably can’t describe the speed of the mop. A bakery slogan that touts the aroma of its sticky buns might not pass the test.

There are a number of issues that can arise when attempting to secure trademark registration in a slogan. Bottom line: Slogans can be a tricky area of ​​trademark law and are definitely worth considering, and probably talking to an attorney, before spending a lot of time and money on one. You want to avoid spending a lot of money on a trademark that is impossible to register.