Trademarking a Slogan

Yes, a slogan can be trademarked in the United States.

A trademark protects words, phrases, logos, designs, or a combination of these that identify your goods or services and distinguish them from those of others.  Slogans fall under the "phrase" category of trademarks.

However, for a slogan to be trademarked, it generally needs to meet certain criteria:

• Distinctiveness: The slogan must be distinctive enough to identify the source of goods or services. This means it shouldn't be merely descriptive of the goods or services, generic, or a common informational phrase.  For example, "The Best Coffee" for a coffee shop would likely be denied as too descriptive, while "I'm Lovin' It" for McDonald's is distinctive because it doesn't directly describe fast food.

• Use in Commerce (or Intent to Use): You must either be currently using the slogan in connection with your goods or services, or have a bona fide intention to use it in commerce in the near future.

• Not Already in Use: The slogan cannot be confusingly similar to an existing trademark for related goods or services.  The United States Patent and Trademark Office (USPTO) will refuse an application if it's likely to cause confusion with a mark that's already registered or applied for.

Examples of well-known trademarked slogans in the US include:

• "Just Do It" (Nike)
• "I'm Lovin' It" (McDonald's)
• "America Runs on Dunkin'" (Dunkin' Donuts)
• "Where's The Beef?" (Wendy's)
• "Got Milk?" (California Milk Processor Board)

It's important to note that while "common law" trademark rights can arise from simply using a slogan in commerce, federal registration with the USPTO provides significant advantages, such as nationwide legal protection and the ability to use the ® symbol.¹