Creating a catchy slogan for your brand is just the first step in a marketing journey. But what happens when you want to keep that slogan exclusively yours? The answer lies in trademarking. Trademarking a slogan isn't just about filling out an application; it's about understanding the ins and outs of the process. Not every slogan can be trademarked, though. While you're free to adopt any slogan without filing a trademark application, if you want to prevent others from using it, and protect your intellectual property rights, you should consider trademarking your slogan or catch phrase. Learn more about your ability to trademark a slogan or catchphrase alongside a qualified Chicago intellectual property lawyer. Contact Sullivan & Carter, LLP at (929)724-7529 to learn more.

What Is a Trademarked Slogan?

A trademarked slogan refers to a phrase or tagline that's exclusively associated with a certain product, service, or brand. When a slogan gets trademarked, it means the brand owns the exclusive rights to its usage, primarily for profit. It's noteworthy that not every slogan can be trademarked. For a slogan to be eligible for trademarking, it must meet certain criteria. One of the key conditions is that the slogan should be fundamentally creative and distinctive. It must have the ability to stand out and be readily associated with the products or services of a specific brand. If you have a slogan or catchphrase that is part of your intellectual property and a component of your branding, you may have the legal right to protect it under the law.

Why Trademark a Slogan?

It is entirely possible to adopt a slogan for your brand without bothering to file a trademark application. However, if a brand aims to establish an exclusively linked phrase, a crucial step would be trademarking. Opting not to trademark a slogan could leave it exposed for others to use, thus muddling a brand's unique identity and market positioning.

One vital advantage of trademarking a slogan is the protective legal shield it provides. Once trademarked, a brand has the exclusive rights to use its slogan for profit. This right empowers a brand to take a defensive stance against infringement and ultimately to sue potential infringers for damages. Thus, the process of trademarking becomes a significant strategy in a brand's fight against unauthorized and harmful usage.

When a slogan is trademarked, it earns a fixture in the minds of customers and becomes synonymous with a product or service. However, trademarking a slogan isn't a straightforward task, and not every slogan can be stamped with a trademark. The slogan should meet the following definitions:

• It must be fundamentally creative and distinctive, as seen with Nike's "Just Do It."
• It should have a secondary meaning that instantly associates it with a product or service. Such slogans are usually in use commercially or in advertising for at least five consecutive years, as demonstrated by Wendy's "Where's the Beef?"

Which Slogans and Catch Phrases Don’t Pass the Trademark Test?

Here are a few examples of slogans that do not pass the trademark test.

• Common phrases that lack a secondary meaning, like a supermarket's "Why Pay More?"
• Informational or entertaining expressions not meant for profit. An example of this is an environmental group's "Think Green.”

The answer to "Can You Trademark a Slogan?" isn't as clear-cut as it might seem. There are several nuanced considerations a brand needs to address before it proceeds towards a successful trademark registration.

First off, you might have an incredibly creative slogan on your hands, but if it hasn't seen regular use or hasn't been established legitimately, you may have a slim chance of registering your slogan for trademarking. Consistent use plays a key role in demonstrating a slogan's association with your brand, and a lack of it can potentially weaken your application. Additionally, if a slogan or catch phrase lacks a profit motive, it may not qualify for a trademark. The United States Patent and Trademark Office (USPTO) typically steers clear from approving trademarks for slogans intended purely for sharing information or entertainment without a clear link to a commercial product or service.

Can You Copyright Your Slogan?

A slogan or catch phrase, unlike a creative work like a book or a song, does not fall under the purview of copyright law. The reason is simple - copyright law typically doesn't cover short phrases or expressions. It is essential to note that the direct protection of a short phrase such as a slogan is generally sought through trademark law, not copyright laws.

It's interesting to note that while copyright law may not protect catch phrases or slogans, these expressions play a critical role in branding. When used regularly, they serve to identify the source, much like a brand name or logo.

How Long Does it Take to Trademark A Slogan or Catch Phrase?

The duration to obtain a trademark for a slogan or catchphrase can vary based on several factors, including the jurisdiction where you're applying, the complexity of your application, any objections or challenges raised during the examination process, and the backlog of applications at the trademark office.

In general, the process can take several months to over a year to complete. Here's a rough breakdown of the timeline:

• Application Filing: After you submit your trademark application, it typically takes a few weeks to a few months for the trademark office to assign an application number and review the initial filing for completeness.
• Examination Period: The trademark office will examine your application to ensure it meets the legal requirements for registration, including assessing the distinctiveness of your slogan or catchphrase and checking for any conflicting trademarks. This examination period can take several months.
• Publication Period (if applicable): In some jurisdictions, after your application passes the initial examination, it will be published for opposition. During this period, third parties have an opportunity to oppose your trademark registration. The publication period can add several months to the process.
• Registration: If there are no objections or oppositions, or if any objections are successfully overcome, your trademark will be approved for registration. At this point, you'll receive your trademark registration certificate. The timeframe for this final step can vary but typically takes a few months after the examination process is completed.

Overall, it's important to be patient and prepared for potential delays throughout the trademark registration process. Working with a trademark attorney can help ensure that your application is properly prepared and increase the likelihood of a smooth and timely registration process.

What Should I Do if Someone Is Using My Slogan or Catch Phrase Without Permission?

If someone is using your trademarked slogan or catchphrase without permission, you should take steps to enforce your trademark rights. Make sure to collect evidence of the unauthorized use of your trademarked slogan or catchphrase. This may include screenshots of the infringing use, copies of advertisements or promotional materials, and any correspondence or communications related to the unauthorized use.

You should then contact the individual or entity using your trademarked slogan or catchphrase without permission and demand that they stop using it immediately. A cease and desist letter, sent by a lawyer if possible, formally communicates your rights and intentions, and it may prompt the infringer to comply without the need for legal action.

In some cases, it may be possible to resolve the issue through negotiation. You could offer a licensing agreement that allows the infringer to use your trademarked slogan or catchphrase in exchange for payment of royalties or other terms. Negotiation may be appropriate if the infringing use is not causing significant harm to your brand and if you're open to allowing limited use under certain conditions.

If the infringer refuses to stop using your trademarked slogan or catchphrase despite your efforts to resolve the matter amicably, you may need to consider legal action. Filing a lawsuit for trademark infringement can be a complex and costly process, so it's essential to consult with a qualified intellectual property attorney who can advise you on all of your legal options.

Enforcing your trademark rights is essential for maintaining the value and integrity of your brand. By taking appropriate action against infringers, you can protect your intellectual property and prevent consumer confusion or dilution of your brand's distinctiveness.

Contact a Qualified Chicago Intellectual Property Lawyer

To learn more about trademarking a slogan, book a consultation with a qualified intellectual property lawyer in Chicago. Call (929)724-7529 and choose Sullivan & Carter, LLP today to get started.