How to Trademark a Slogan or Tagline: USPTO Requirements and Tips

How to Trademark a Slogan in 2026

Slogans and taglines can become powerful brand identifiers — "Just Do It," "Think Different," "I'm Lovin' It." Trademarking a slogan gives you exclusive rights to use it in connection with your goods or services and prevents competitors from adopting something confusingly similar.

However, slogans face unique challenges at the USPTO that names and logos don't.

Can You Trademark a Slogan?

Yes — but not all slogans qualify. The USPTO evaluates slogans on the distinctiveness spectrum:

The stronger and more creative your slogan, the easier it is to register.

Common Reasons Slogans Are Refused

1. Merely Informational

The USPTO may refuse a slogan that conveys a common message rather than identifying a source. Examples of refused slogans:

• "Quality You Can Trust" — too generic
• "Made in America" — informational, not source-identifying
• "We Care" — common expression, not distinctive

2. Ornamental Use

If the slogan appears on merchandise purely as a decorative element rather than a brand identifier, the USPTO may refuse it as ornamental. A slogan printed across the front of a t-shirt in large decorative text is likely ornamental; the same slogan on a small label at the collar functions as a trademark.

3. Failure to Function as a Mark

Some phrases are so common in an industry that consumers don't perceive them as trademarks. "Going Green" for environmental products or "Farm to Table" for restaurants may fail to function as source identifiers.

4. Likelihood of Confusion

Like any trademark, your slogan cannot be confusingly similar to an existing registered slogan in a related industry.

Requirements for Filing

Distinctiveness

Your slogan must be capable of identifying your brand. Tips for creating a distinctive slogan:

• Be creative — Unexpected word combinations or coined phrases
• Be specific — Tie it to your unique value proposition
• Be concise — Shorter slogans are more memorable and protectable
• Avoid clichés — Industry-standard phrases won't be registered

Specimens of Use

The specimen must show your slogan used as a trademark in commerce:

Good specimens:

• ✅ Website header with the slogan next to your logo
• ✅ Product packaging with the slogan used as a branding element
• ✅ Advertising showing the slogan as a source identifier

Bad specimens:

• ❌ The slogan as a decorative design on merchandise
• ❌ A motivational poster with the phrase
• ❌ Social media posts using the phrase conversationally

Filing Details

• Mark type: Standard character mark (protects the words in any style) or special form (protects specific stylization)
• Nice Class: Same class(es) as your primary goods/services
• Filing fee: $350 per class (same as any trademark)

Tips for a Successful Slogan Trademark

1. File as a standard character mark unless the visual style is integral to the slogan's identity. Standard characters provide broader protection.

1. Pair with your brand name in specimens. Showing the slogan alongside your brand name strengthens the argument that it functions as a trademark.

1. Avoid common phrases. If a Google search for your slogan returns millions of results from unrelated businesses, it may lack distinctiveness.

1. Consider filing alongside your primary mark. A slogan is typically a secondary identifier — ensure your primary brand name is also protected.

1. Document use history. If your slogan is descriptive, you may need to prove "acquired distinctiveness" through years of use, advertising expenditure, and consumer surveys.

Cost of Trademarking a Slogan

The cost structure is identical to any other trademark filing:

No additional government fees apply specifically to slogans.