Protecting Slogans With Trademarks (Infographic)

Millions of dollars are spent every year in slogan development and promotion. Federal trademark protection may be applied for to secure these valuable investments, but slogans are only federally registrable if they identify the source of goods or services and distinguish them from the goods or services of others.

A slogan that is inconspicuous and merely provides promotional information is not federally registrable. For example, DESIGNED FOR WOMEN for dietary supplements was refused registration because it failed to function as a trademark.

Slogans that are common expressions may also fail to qualify for federal trademark protection. The Trademark Manual of Examining Procedure cites HAVE A NICE DAY as a common phrase that would not normally be perceived as a mark and would therefore be refused registration.