Many mistakenly believe that registering a trademark for a slogan, motto, or catchphrase is simple and easy. The mistaken thought process usually goes something like this: “Put it on a t-shirt or a mug and get a trademark.” However, trademarking a slogan is not that simple. Certainly, phrases and taglines CAN be trademarked and registered by the US Patent & Trademark Office (“USPTO”). But, generally, a business wanting to use a slogan or tagline as a trademark must invest time and money in advertising and in using the slogan or motto in association with goods and services.

Why? Trademarks are words, phrases, designs, or logos that identify a commercial source for goods or services. This is the manner in which trademarks function. That is, a trademark must create an association in the minds of consumers between the trademark and goods/services that are being offered for sale. If a proposed trademark does create that association, then the trademark does not function as a trademark. And, if a proposed trademark does not function as a trademark, then the USPTO will reject the proposed trademark for registration.

There are several ways in which a slogan can fail to function as a trademark. First, slogans can fail to function by being used in a way that does not identify a commercial source of goods or services. For example, without more, placing the slogan “DO GOOD FOR EVERYONE” on a t-shirt does not identify a commercial source of goods or services. As a consumer, I see the t-shirt and the slogan, but my mind does not connect the slogan to a business or a company, not even for a business or company that makes and sells t-shirts. For similar reasons, slogans and phrases that are informational or inspirational cannot be registered as trademarks. Since such slogans/phrases are conveying information, they are not functioning as trademarks. Likewise, if consumers are accustomed to seeing a slogan or phrase used in connection with various goods or services, then, again, the slogan/phrase cannot function as a trademark.

But, as noted, slogans and phrases CAN function as trademarks if sufficient advertising and effort is expended by a business in associating the slogan/phrase with a product. There are many famous examples like Wendy’s “Where’s the beef” advertising campaign for their hamburgers. The purpose of the advertising push is to make the slogan function as a trademark so that consumers associate the slogan/phrase with the products or services that are being offered for sale. Similarly, over time, certain phrases and slogans can become associated with certain people or businesses. An example is “I pity the fool” which is a well-known catchphrase used by the actor known as Mr. T from the 1980s television show the “A-Team.” The actor was able to register the phrase as a trademark for clothes, baseball caps and other items because the phrase had become associated with him over the years in the minds of consumers.

Thus, the key to being able to trademark a slogan or catchphrase is ensuring that the slogan/catchphrase functions as a trademark. This can be accomplished with lots of advertising or through consistent and constant use associated with a person or business over time.

Contact Revision Legal

For more information or if you have questions about creating and registering a trademark, contact the trademark lawyers at Revision Legal at 231-714-0100.

The USPTO’s “Failure to Function” Refusal in Detail

The USPTO’s most common basis for rejecting slogan trademark applications is “failure to function.” This is not a distinctiveness analysis — it is a separate and distinct ground for refusal that applies when a proposed mark does not operate as a source identifier in the relevant marketplace. The Trademark Trial and Appeal Board (TTAB) and examining attorneys look at how the slogan is actually used in commerce. If the slogan appears on merchandise as decorative text without any connection to an identified brand, it fails to function as a trademark regardless of how creative or original it is. The failure-to-function analysis has become increasingly rigorous, with the TTAB rejecting applications for phrases like “THE BEST DAYS OF YOUR LIFE” for photography services.

Building the Record to Overcome a Refusal

When the USPTO refuses registration of a slogan on failure-to-function grounds, the applicant must submit evidence that the slogan actually functions as a source identifier. Relevant evidence includes: examples showing the slogan used in close proximity to the brand name or in brand-specific contexts; third-party recognition and unsolicited media coverage identifying the slogan as belonging to a specific company; consumer declarations or survey evidence demonstrating association; advertising expenditures; and sales figures correlated with the period of active slogan use.

Famous Registered Slogans and What They Have in Common

Many of the most famous advertising slogans in American commerce are federally registered trademarks. Nike’s “JUST DO IT,” McDonald’s “I’M LOVIN’ IT,” and Allstate’s “YOU’RE IN GOOD HANDS” are all registered on the Principal Register. What they have in common is extensive, sustained advertising investment that created a strong association in consumers’ minds between the phrase and a single commercial source. These registrations were not immediate — they resulted from years of consistent, brand-specific use. At the other end of the spectrum, the USPTO has refused hashtag marks like “#BLESSED” and “#WINNING” and many motivational phrases common across multiple brands and industries.

Slogan Registration Strategy

If you are launching a new slogan, deploy it consistently alongside your brand name and logo, use it in brand-specific contexts, and document your use meticulously. Consider filing for registration sooner rather than later, even if you expect a refusal — filing establishes a priority date and starts the clock running. An initial refusal can be overcome with evidence submitted during prosecution. The trademark lawyers at Revision Legal can evaluate whether your slogan is registrable and help you build the record needed for successful registration. Call 231-714-0100.