Can You Trademark a Phrase or Slogan? A Complete Guide

Yes, you can trademark a phrase or slogan, but only if it identifies the source of your goods or services instead of simply delivering a message. The U.S. Patent and Trademark Office (USPTO) refuses slogans that consumers would see as common sayings, widely used expressions, or decoration on a product. You generally cannot copyright a short phrase at all, so federal trademark registration is usually the only registration route for a slogan.

When Can a Phrase or Slogan Be a Trademark?

A trademark can be a word, a phrase, a symbol, a design, or a combination of these, as long as it identifies and distinguishes the source of goods or services. The same principles apply whether you want to trademark a single word or a full sentence. The USPTO looks at two related questions:

• Does the phrase function as a source identifier? A phrase used only to inform, inspire, or decorate does not tell consumers who makes the product, no matter how clever or original it is.
• Is the phrase distinctive for the goods or services? Phrases that are arbitrary, fanciful, or suggestive are easier to register than phrases that merely describe the goods or praise their quality.

A descriptive phrase is not automatically unregistrable. Under Section 2(f) of the Lanham Act, an owner can claim acquired distinctiveness by showing that consumers have come to associate the phrase with a single source, using evidence such as long-term use, advertising, sales figures, and consumer statements. A phrase that cannot yet make that showing may be eligible for the Supplemental Register, which offers more limited protection.

There is no fixed word limit, although a long sentence is more likely to read as a message. See What Is the Longest Phrase I Can Trademark?

Failure-to-Function Refusals for Widely Used Messages

The most common obstacle for slogans is a failure-to-function refusal. Section 1202.04 of the USPTO’s Trademark Manual of Examining Procedure (TMEP) addresses informational matter that does not identify source. Under TMEP 1202.04(b), matter that merely conveys ordinary, familiar, or generally understood concepts or sentiments, along with social, political, religious, or similar informational messages in common use, is not registrable because consumers would not perceive it as a brand.

The more often a phrase appears in everyday speech or on products from many different sellers, the less likely consumers are to connect it with one company. Refused marks discussed in the TMEP include:

• ONCE A MARINE, ALWAYS A MARINE for clothing, a well-known motto of the U.S. Marines. In re Eagle Crest, Inc., 96 USPQ2d 1227 (TTAB 2010).
• NO MORE RINOS! for bumper stickers, signs, and t-shirts, a political slogan.
• I ♥ DC for clothing, a common expression of enthusiasm for a city.

Because this refusal turns on how the public already perceives the phrase, it can be hard to overcome. Before investing in a slogan, check whether many unrelated sellers already use it. Our article on the trademark failure-to-function doctrine covers these refusals in more depth.

Ornamental Refusals: Slogans on T-Shirts and Merchandise

A related refusal applies when a phrase appears only as decoration. Under TMEP 1202.03, examiners weigh the size, location, dominance, and significance of the wording as it appears on the goods. A small phrase on a shirt’s pocket or breast area can create the impression of a brand, while a large quote across the front usually looks like the design itself. The USPTO’s own example is “The Pen is Mightier than the Sword” printed across a t-shirt, which most buyers would see as decoration rather than as an indication of who made the shirt.

According to USPTO guidance on ornamental refusals, an applicant may be able to respond by:

• Submitting a substitute specimen that shows the phrase on a hang tag, neck label, or other location where consumers expect to see a brand
• Showing that the phrase already identifies a secondary source, such as a brand known for other goods or services
• Claiming acquired distinctiveness under Section 2(f) with evidence of long-term use, advertising, and sales
• Amending the application to the Supplemental Register

Why You Generally Cannot Copyright a Phrase

Many people search for how to copyright a phrase, but copyright does not protect short phrases. Copyright Office regulations list “words and short phrases such as names, titles, and slogans” among materials not subject to copyright. 37 C.F.R. § 202.1(a). Copyright Office Circular 33, Works Not Protected by Copyright, explains that names, titles, slogans, and brief catchphrases do not qualify and points slogan owners toward trademark registration instead.

A longer original work that includes your phrase, such as a poem or an illustrated design, may be protected by copyright as a whole, but that protection does not stop others from using the short phrase itself.

How to Trademark a Phrase or Slogan: Step by Step

• Test the phrase as a brand. Confirm that it is not a common saying, a description of your product, or a message people buy for its own sake, and plan to use it the way a brand is used.
• Search for conflicts. Check the USPTO database and the marketplace for identical or similar marks on related goods or services. See how to do a U.S. trademark search.
• Identify your goods, services, and classes. Each class adds a fee, so match the application to what you actually sell. Our trademark class search guide explains all 45 classes.
• Choose a filing basis. File based on current use in commerce with a specimen showing the phrase as a brand, or on an intent-to-use basis if you have a bona fide intention to use the phrase but have not started. 15 U.S.C. § 1051.
• File and respond to Office actions. Most applicants have three months to respond to a refusal, extendable by three months for a fee. 37 C.F.R. § 2.62.

How Much Does It Cost to Trademark a Phrase?

USPTO filing fees are charged per class of goods or services. Under the current USPTO fee schedule, the base application fee is $350 per class. Additional surcharges may apply:

• $100 per class if the application lacks certain required information at filing
• $200 per class for a free-form identification of goods or services instead of an entry from the USPTO’s ID Manual
• $200 per class for each additional 1,000 characters in a free-form identification

Intent-to-use applicants also pay $150 per class for a statement of use or amendment to allege use and $125 per class for each extension of time to file a statement of use. Attorney fees are separate; see how much trademark lawyers cost for common fee structures.

How to Trademark a Band Name

A band name can be registered, but the registration covers specific goods and services rather than the name in the abstract. USPTO guidance on band names points to Class 41 for entertainment services such as live musical performances, Class 9 for musical sound recordings and downloadable audio or video files, and Class 25 for merchandise such as t-shirts and hats.

Recordings carry an extra requirement. Under TMEP 1202.09(a), a performer’s name used only to identify the artist on a single work is refused. To register the name for recordings, the applicant must show use on a series of at least two different works, and the same album in different formats does not count. The applicant must also show that the name identifies source, for example through promotion of the series or control over quality. For merchandise, a band name on a neck label or hang tag makes a stronger specimen than a large print across a shirt.

How to Trademark a Saying or Catchphrase

Sayings and catchphrases follow the same rules as slogans. Popular sayings, memes, and phrases tied to news events are frequent targets of failure-to-function refusals because many people use them to express the same sentiment. Filing first does not change that analysis.

Can You Trademark a Phrase for Free?

You cannot register a phrase with the USPTO for free, because every federal application carries a per-class filing fee. You can, however, build common law rights without registering. The USPTO notes that parties are not required to register marks to obtain protectable rights, and that you may use TM for goods or SM for services without filing an application. The ® symbol may be used only after the mark is registered.

Unregistered rights have real limits:

• They may be enforceable only in the specific areas where you use the phrase, if that use covers less than the entire country.
• They do not appear in the USPTO database, so others searching for conflicts may not find them.
• They lack registration benefits such as a legal presumption of ownership and recordation with U.S. Customs and Border Protection.

For more detail, read What Is a Common Law Trademark?

How Long Does It Take to Trademark a Slogan?

The timeline depends on the USPTO’s examination queue, any Office actions, and your filing basis. An approved mark is published so third parties can oppose it. Use-based applications that clear opposition proceed to registration. Intent-to-use applications receive a notice of allowance, and the applicant then has six months to file a statement of use, with extensions available in six-month increments up to 36 months from the notice of allowance. 37 C.F.R. § 2.89.

Filing early still matters. Once a mark registers on the Principal Register, the application filing date counts as constructive use with nationwide priority, subject to the rights of earlier users and earlier filers. 15 U.S.C. § 1057(c).

Frequently Asked Questions

Can you trademark a phrase?

Yes. A phrase or slogan can be registered with the USPTO if it identifies the source of specific goods or services and is distinctive. The USPTO refuses phrases that merely convey common information or sentiments, such as widely used mottos, and phrases used only as decoration on products. Descriptive phrases may register after the owner proves acquired distinctiveness, or on the Supplemental Register.

Can you copyright a phrase or slogan?

Generally, no. Copyright Office regulations at 37 C.F.R. § 202.1(a) state that words and short phrases such as names, titles, and slogans are not subject to copyright, and Circular 33 says the same. A longer original work containing the phrase may be protected, but the short phrase itself is not. Trademark registration is the usual way to protect a slogan.

How much does it cost to trademark a slogan?

The USPTO base application fee is $350 per class of goods or services. Surcharges of $100 per class for insufficient information, $200 per class for a free-form identification, and $200 per class for each additional 1,000 characters may apply. Intent-to-use applicants also pay $150 per class for a statement of use. Attorney fees are separate.

Can I trademark a phrase for free?

Federal registration is not free because the USPTO charges a filing fee for each class. You can develop common law rights without a filing fee by using the phrase as a brand and marking it with TM or SM. Those rights may be limited to the areas where you actually use the phrase and lack the benefits of federal registration.

How do I trademark a band name?

File for the goods and services you actually offer, commonly Class 41 for live musical performances, Class 9 for recordings and downloadable music, and Class 25 for merchandise. To register the name for recordings, the USPTO requires use on a series of at least two different works and evidence that the name identifies the source of those recordings.

Get Help Registering Your Phrase or Slogan

If you want to register a phrase, slogan, catchphrase, or band name, the trademark attorneys at Revision Legal can assess registrability, run a clearance search, and prepare and prosecute your application. Contact us through the form on this page or call (855) 473-8474. Artists and businesses in Northern Michigan can work with our Traverse City trademark attorneys.