Can I trademark a slogan?
What is a slogan?
A slogan or tagline is usually a catchy and memorable phrase used in advertising. It can be used to advertise a business brand or a particular product or campaign of a business. Although there might be slight distinctions between the purpose and definitions of a tagline, catchphrase, motto or slogan, they are all phrases or groups of words used to represent a business or brand.
For example, the slogan “The Fresh Food People” has been used with the parent brand WOOLWORTHS, while “Aussie kids are Weet-bix kids” is used by Sanitarium specifically for advertising its Weet-bix breakfast cereal.
The most powerful slogans are
Short and sharp
Can stand alone
Emphasise the uniqueness of a business or product
Timeless
Why should you use and register a trademark slogan?
1. A slogan conveys your brand messaging
Your slogan should be unforgettable. It should stick in the minds of consumers and help your brand to stand out from the competition. A powerful slogan or tagline that communicates your brand message and supports your brand identity can be a valuable asset.
2. To affirm exclusive rights to use the slogan
To ensure trademark protection for your slogan, you should register it, where possible, so that your business has the benefit of exclusive use of those words for the specified goods and/or services.
However, not all slogans are registrable as trademarks. Only trademarks which are deemed to be unique and distinctive can be registered. This means that words that are commonly used in everyday speech or in an industry are not likely to be approved unless they are used in a creative way, which makes the slogan unique. These are the criteria that your slogan must meet in order to be registrable:
Not be descriptive: a slogan is unlikely to be registered if it describes the goods or services you provide (eg THE BEST COURIER IN TOWN)
Not describe characteristics or qualities of your business: eg THE FAST WAY TO PAY for online payment services.
Be available for registration in your selected class/es. You should conduct a trademark search to check whether or not an identical or very similar slogan has already been registered for the same goods or services
Be distinctive: slogans which are creative and unique are more likely to be approved for registration by the IP Office.
Essentially, the slogan must serve to set your goods and services apart from your competitors.
It’s not always straightforward to fulfill these requirements or to understand how to meet them, so let’s look at some examples that illustrate them.
Examples of Trademarked Slogans
In Class 36 for financial services there are some interesting examples.
Visa, the international credit card service company, applied for the slogan, THE WORLD’S BEST WAY TO PAY AND BE PAID as a trademark. This application was not approved, but they have a registered trademark for THE WAY THE WORLD PAYS which is slightly more distinctive. They also have a registered trademark for the slogan VISA. EVERYWHERE YOU WANT TO BE which is more original. The first one was descriptive, whereas the latter two are more distinctive in nature.
Mastercard has added a clever twist to a popular saying to create their distinctive trademarked slogan: THERE ARE SOME THINGS THAT MONEY CAN’T BUY, FOR EVERYTHING ELSE THERE IS MASTERCARD.
In contrast with that long slogan, MONEY. REIMAGINED is the short and punchy slogan used and registered as a trademark by Amex for their credit card service.
In relation to retail services, you usually can’t trademark words that other traders should also be allowed to use in their own advertising, such as UNBELIEVABLE VALUE, LOW PRICES, DON’T PAY MORE, etc.
Observe how some of Australia’s well-known brands have used slogans to present their messaging about price and value.
JB HI-FI uses ALWAYS CHEAPEST PRICES but this is not a registered trademark
CHEMIST WAREHOUSE LOWEST PRICES GUARANTEED and CHEMIST WAREHOUSE STOP PAYING TOO MUCH!!
Bunnings’ registered trademark slogan says, OUR LOWEST POLICY PRICES ARE JUST THE BEGINNING
Mitre 10 avoids price and uses the slogan MIGHTY HELPFUL to set themselves apart from their competition.
Interestingly, the Bunnings slogan as well as their other tagline, LOWEST PRICES EVERYDAY were both rejected by The British Intellectual Property Office on the grounds that they were too general.
Australia’s Trade Mark Act allows for trademarks to be registered if they have acquired distinctiveness. This means that a non-distinctive trademark may qualify for registration if the owner can demonstrate that as a result of using the trademark over time, it has become widely recognised as a brand of the owner.
To improve the chances of your slogan being approved by IP Australia as a registered trademark, it’s best to come up with a phrase that communicates your brand values and message in an original, innovative and memorable way. Your slogan will more likely be approved for registration if it is distinctive and not overly long. You really want it to be stamped in the memories of your target audience so they connect it only with your business.
How do you trademark a slogan or a phrase?
Craft a one-of-a-kind slogan
Determine what trademarks or combinations you will apply for: words only or a combination of words and a logo image
Conduct a trademark search to make sure that your slogan is not already registered or in use
Read the our tips about how to get a trademark so that you are prepared with all the information you need for submitting your application
Submit your trademark application online in 4 simple steps using our platform.
Tips to remember about trademarking a slogan
A trademark registration only protects your slogan for specified goods and services. Other businesses could use the same or a similar trademark in a non-competing sector for their products and services.
Your trademark registration is country-specific, so you will need to apply to register your slogan as a trademark in all the countries in which you would like to enjoy exclusivity and trademark protection.
If your slogan is not that distinctive, you could try to register it in combination with your brand name or logo. This is a good strategy where the slogan itself is unlikely to be registrable. Read more about this: When is a trademark not registrable?
