Can You Trademark That Tagline?

There are two types of taglines or slogans companies typically seek protection of, taglines tied to an advertising campaign or sales of a good or service, and taglines or slogans that are on merchandise intended to invoke or amuse people and drive them to purchase the merchandise. In deciding whether obtaining protection is a good business decision, most companies weigh the potential costs of obtaining protection against the strength of the mark for which protection is desired. A question that we commonly encounter when companies seek protection of a tagline is whether the tagline is even protectable. The short answer to that question is yes, usually.

Historically, the United States Patent and Trademark Office (USPTO) and the courts have been reluctant to extend trademark protection to slogans and taglines, leading to the reluctance of companies to seek protection at all. Over the past few decades, however, protection of taglines has become more commonplace, as it is