Back to Trademark basics

Can you trademark a slogan?

Written by Jan Buza

Co-founder of Trama

Yes, slogans can be registered as trademarks, but the threshold for distinctiveness is high.

A slogan that is purely promotional or laudatory ("The Best Quality," "We Care More") will be refused on grounds of lacking distinctiveness; any business could use such a phrase to describe their offering. To be registrable, a slogan must function as a badge of origin rather than simply a positive statement about the product or service. Slogans that are inventive, unexpected, or that have acquired strong consumer recognition through use stand a better chance.

Where a slogan is refused as a wordmark on distinctiveness grounds, registering it as part of a combined mark (alongside a distinctive logo) can improve the outcome, as the overall mark may be considered distinctive even if the text alone is not.

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