Livonia Trademark Attorney Explains What Qualifies for Slogan Trademark Registration
A slogan or tagline is a short phrase used to promote a product or service. According to the U.S. Patent and Trademark Office (USPTO), a slogan is “a brief attention-getting phrase used in advertising and promotion.”
Slogans are not just creative language. They function to identify the source of a product or service in commerce. If used properly, a slogan can qualify for trademark protection.
When Can a Slogan Be Registered as a Trademark?
Accordingly, a slogan may be registered as a trademark if it meets several legal criteria. It must be:
- Distinctive
- Not generic
- Also, more than merely descriptive
- Finally, more than merely informational
- Used in a trademark sense
Each of these categories has specific requirements under trademark law.
If interested in more detail, Click here to read more about what makes a strong trademark, slogan or otherwise.
Generic Slogans Are Not Registrable
A generic slogan describes a general category of goods or services. It does not point to a specific business.
Example: A soda brand using the phrase “A Carbonated Beverage” could not trademark that phrase. It applies to all sodas, not one source.
Merely Descriptive Phrases Cannot Be Trademarked
A descriptive slogan tells consumers what the product is or does, without indicating its source. The USPTO rejects descriptive marks that could limit fair competition.
Thus, if a slogan simply describes features or qualities of a product, it will likely be refused registration.
Merely Informational Slogans Also Fail Trademark Requirements
An informational slogan provides general messages without pointing to the source of goods or services. These phrases are not seen as brand identifiers.
Examples include motivational quotes, statements of opinion, or basic instructions. These do not function as trademarks in the eyes of the USPTO.
Slogans Must Be Used in a Trademark Sense
To qualify for registration, a slogan must be used in a trademark sense. This means the slogan appears on product packaging, labels, or tags.
Use in advertising alone does not count as trademark use. The slogan must be part of the product’s commercial presentation.
Registering a Tagline or Slogan: Key Takeaways
Slogans and taglines can be trademarked if they are distinctive and used correctly in commerce. However, success depends on the nature of the slogan and how it is used.
A qualified Livonia trademark attorney can help determine whether a slogan qualifies for registration. Legal guidance increases the chance of approval and can help avoid USPTO rejections.
Speak With a Livonia Trademark Attorney
Noble Path Legal PLLC is a Metro Detroit trademark law firm helping businesses nationwide. Services include:
- Slogan and tagline trademark registration
- Business and product name trademark registration
- Office Action responses
- Trademark monitoring and renewals
Virtual consultations are available. Start your trademark registration today with help from an experienced Livonia trademark attorney.
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