Yes, you can trademark a slogan in the United States, but only if it does more than sound catchy. The U.S. Patent and Trademark Office (USPTO) will register a slogan when it acts as a source identifier, meaning customers connect the phrase with your specific business rather than treating it as a general description of what you sell. A line like “Fast, Friendly Service” is too generic to protect. A line like Nike’s “Just Do It” works because it identifies one company and nothing else.
If you have spent time building a tagline for your brand, this distinction matters. Trademark protection can stop competitors from copying your slogan on similar products, but the USPTO will not hand that protection to every phrase that gets submitted.
What Makes a Slogan Eligible for Trademark Protection
Trademark examiners look at slogans through the same lens they use for brand names: distinctiveness. A slogan needs to identify the source of a product or service, not just describe it. The USPTO groups marks along a spectrum, and where your slogan falls on that spectrum determines whether it can be registered.
- Fanciful or arbitrary: Phrases with no direct connection to the product, which get the strongest protection.
- Suggestive: Phrases that hint at a benefit without describing it outright, such as “The Ultimate Driving Machine.”
- Merely descriptive: Phrases that plainly describe a feature or quality, like “100% Cotton,” which usually get refused unless they gain distinctiveness over time.
- Generic: Common phrases anyone in the industry might use, which can never be registered.
Real refusals show how strict this can get. The USPTO turned down “You’ve Got Mail” for AOL and “Drive Safely” for Volvo. Both were considered merely informational rather than brand-identifying. That surprises a lot of business owners. Marketing teams often like descriptive slogans because they need no explanation, but those are exactly the phrases examiners tend to reject.
Use in Commerce Is Required
A slogan cannot sit on a shelf as an idea. Under federal law, you generally need to be using the slogan in connection with actual sales, advertising, or service delivery before registration is granted. If you have not started using it yet, you can still file based on intent to use, but you will need to submit proof of actual use later before the registration is finalized.
This use has to be visible where customers see your brand: on packaging, product labels, storefronts, invoices, or marketing materials tied to the sale of goods or services. Putting a slogan on your homepage isn’t enough by itself. It needs to show up somewhere connected to an actual sale.
How the Registration Process Works
Once you are confident your slogan is distinctive and already in use, the process follows the same path as registering any trademark.
- Search existing marks using the USPTO’s Trademark Search system to check whether a similar slogan is already registered in your industry.
- Choose the correct class of goods or services that matches how you use the slogan.
- File your application through the USPTO’s Trademark Electronic Application System, including a specimen that shows the slogan in actual commercial use.
- Respond to any office actions if an examiner raises questions about distinctiveness or similarity to existing marks.
- Wait for publication in the Official Gazette, where other trademark owners can oppose your application if they believe it conflicts with theirs.
Filing fees run through the USPTO’s own fee schedule. As of 2026, the base cost is $350 per class of goods or services, with additional charges depending on how the application is filed. Plenty of people file this themselves. Still, many applicants hire a trademark attorney for this stage, since incomplete filings or vague specimens are common reasons for delays.
Descriptive Slogans Can Sometimes Still Qualify
A slogan that starts out purely descriptive is not automatically doomed. If you can show it has picked up what the law calls acquired distinctiveness, meaning consumers have come to associate that exact phrase with your brand after years of consistent use, the USPTO may register it anyway. Evidence usually includes long-term advertising spend, sales figures, media coverage, or survey data showing that the public links the slogan to one company. It’s not a fast path. This route works best for slogans that have already been in continuous use for five years or more, and you’ll want records to prove it.
Trademark vs. Copyright for Slogans
People sometimes assume a short phrase can be copyrighted instead of trademarked. In most cases, that is not true. The U.S. Copyright Office generally will not register short phrases, slogans, or titles because they lack the creative authorship required for copyright protection. Trademark law, not copyright law, is the correct tool for protecting a brand slogan.
| Feature | Trademark | Copyright |
|---|---|---|
| What it protects | Words, phrases, logos, and symbols that identify a business | Original creative works like books, art, and music |
| Covers short slogans? | Yes, if distinctive and used in commerce | Almost never |
| Registering agency | USPTO | U.S. Copyright Office |
| Protection length | Indefinite, with renewals every 5 to 10 years | Author’s life plus 70 years, generally |
| Main requirement | Distinctiveness and use in commerce | Original creative expression |
Common Mistakes to Avoid
Business owners often stumble at the same few points. Picking a slogan that simply describes the product is the most frequent issue. Skipping a search of existing marks before filing is a close second. Others submit a specimen that shows the slogan used only decoratively, like on a T-shirt design, rather than as a genuine indicator of brand source. None of these are hard to fix once you know to look for them, and checking early can save months of back-and-forth with an examiner.
This article is for general informational purposes only and is not legal advice. Trademark law involves fact-specific analysis, and you should consult a licensed trademark attorney about your particular slogan and business situation.
Frequently Asked Questions
Can I trademark a slogan I have not used yet?
Yes, you can file an intent-to-use application, but the USPTO will require proof that you are actually using the slogan in commerce before final registration is granted.
How long does trademark protection for a slogan last?
A federal trademark registration can last indefinitely as long as you continue using the slogan and file the required maintenance documents on the correct schedule.
What happens if my slogan is refused for being merely descriptive?
You may be able to argue it has acquired distinctiveness through years of use, or you can revise the slogan to make it more suggestive rather than descriptive before refiling.
Do I need a lawyer to trademark a slogan?
It is not required, and you can file on your own, but applications prepared with an attorney are less likely to be rejected, especially when a slogan is borderline descriptive.
Can two businesses in different industries use the same slogan?
Sometimes, yes. Trademark protection is generally tied to specific classes of goods or services, so the same phrase can occasionally coexist across unrelated industries without creating confusion.