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Getting a Slogan Registered as a Trademark

How do you get a Slogan Registered?

When you think of some of the biggest brands, they almost always have some kind of phrase to add to their identity. ⠀⠀⠀⠀⠀⠀⠀⠀⠀

  • Subway — “Eat fresh.”
  • Nike — “Just do it.”
  • Wheaties — “The Breakfast of Champions”⠀⠀⠀⠀
  • Skittles — “Taste the Rainbow”
  • Red Bull — “Red Bull Gives You Wings”

A slogan can add way more meaning and value to your brand.  Slogans can be catchy so that consumers identify your products or services and develop an emotional response.  A slogan is a type of phrase and is defined as “a brief attention-getting phrase used in advertising or promotion” and “a catchphrase used to advertise a product,” just like the examples above.

When are Slogan Registrable as a Trademark?

Slogans are registrable if they are “capable of trademark significance” and are used in such a way as to identify and distinguish the seller’s goods and services from those of others. A registrable slogan is one that is used in a trademark sense and functions as a trademark or service mark on the Principal or Supplemental Register. Slogans, by their attention-getting nature, are treated as unitary matter and must not be broken up for purposes of requiring a disclaimer.

However, a registration for a slogan may be refused if the slogan is generic, merely descriptive, merely informational, or is otherwise not being used as a mark.  For example, “AMERICA’S FRESHEST ICE CREAM” for flavoured ices, ice cream, etc., was considered incapable of distinguishing applicant’s goods and was unregistrable on the Supplemental Register.  Another example of registration refusal was “WHY PAY MORE!” in connection with supermarket services because it was considered a common commercial phrase (see TMEP 1213.05).

Additionally, the examining attorney may require that the slogan be disclaimed if an unregistrable slogan is a component or part of a mark with a registrable matter.

Do you want to register your slogan? Here’s how 👇

  1. Conduct your search
  2. Submit an application to the USPTO
  3. Wait for review
  4. Use your slogan!⠀⠀⠀

Let Karana IP get you from ™️ to ®️.

If you have a new brand to protect, Karana IP has the ability to help you choose, protect, and enforce trademarks under state and federal law. 

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