Can I trademark a slogan?
Yes! You can legally register a trademark for a slogan and you should, to ensure maximum protection for your brand.
What is a slogan?
A slogan is usually a short, sharp, memorable phrase used in marketing. Often a slogan is used together with a business’ main brand but they can also be used in advertising campaigns for specific products too.
For example, the slogan “Where Everyone Gets a Bargain” is often used with parent brand THE WAREHOUSE, while “HAVE A BREAK, HAVE A KIT-KAT” is used by Nestlé specifically in relation to advertising for its Kit-Kat chocolate bars.
While there may be subtle differences between the definitions and purposes of a slogan, tagline, catchphrase or company motto, they are all essentially a group of words that represent a business or brand.
The most powerful slogans are
Short and punchy
Highlight what makes your business unique
Stand forever
Can stand alone
Why should you use and register a trademark slogan?
1. It builds your brand messaging
Your slogan should be memorable - it’s a tool you can use to stand out from your competitors. An effective slogan or tagline can be a valuable asset that represents your business and communicates your brand message.
2. To claim exclusive rights to your slogan
To protect your slogan, where possible you should register it as a trademark, so that your business can enjoy exclusive use of the phrase, for your specific goods and/or services.
Not every slogan or tagline can be trademarked. To be registrable, a trademark must be unique and distinctive.This means that words or phrases which are common in an industry or general parlance are unlikely to be approved for registration, unless they are used in a unique way.
To be registrable, your slogan must meet these requirements:
Be available for registration in your selected class/es. You can do a trademark search to check that the same or similar slogan has not already been registered by a competitor for similar goods or services
Not be descriptive: if your trademark describes the goods or services you provide (eg THE BEST HOT DOGS AROUND), the Trademark office is likely to object to the mark.
Not describe characteristics or qualities of your business: eg WE DELIVER FAST for delivery services.
Be distinctive: the more original and unique the slogan is, the more likely it is to be awarded trademark protection.
Ultimately, the slogan must distinguish the goods and services it represents from those of other traders.
Fulfilling these requirements is not always easy. The best way to understand this is to look at some examples that have and have not been approved.
Examples of Trademarked Slogans
For financial services in CLASS 36, the credit card service company Visa, applied for THE WORLD’S BEST WAY TO PAY AND BE PAID as a trademark. While this application was unsuccessful, the more distinctive e slogan VISA. EVERYWHERE YOU WANT TO BE was later accepted as a trademark.Can you see the difference?The first one was descriptive, whereas the latter is more distinctive in nature.
Mastercard’s clever use of a popular phrase as part of a slogan was approved, when combined with their clever tagline: THERE ARE SOME THINGS THAT MONEY CAN’T BUY, FOR EVERYTHING ELSE THERE IS MASTERCARD.
In contrast with that long slogan, Amex sets their credit card service apart with a very short trademarked slogan: MONEY. REIMAGINED
In retail sales, you can’t trademark words that other traders should also be allowed to use in their advertising campaigns, such as UNBELIEVABLE PRICES, PAY LESS, GREAT VALUE.
Take a look at how some of New Zealand’s well-known brands have used carefully selected slogans to present their messaging about price and value.
The Warehouse has a trademark for WHERE EVERYONE GETS A BARGAIN
Briscoes has trademarked YOU’LL NEVER BUY BETTER
Bunnings’ registered trademark slogan says, OUR LOWEST POLICY PRICES ARE JUST THE BEGINNING
New Zealand’s Trade Mark Act does allow for the registration of trademarks that have acquired a distinctive character , generally as a result of the use made of it by the owner. It’s likely that one or more of the above slogans were registered because their owner proved that, the public had come to associate the slogans with that owner.
To increase the likelihood of your slogan being approved as a registered trademark, you should be creative and come up with a phrase that conveys your brand values and message in a unique, clever and unforgettable way. You want people to remember it and you want them to associate it only with your business.
Some things to remember
It is important to remember that the trademark registration doesn’t prevent other businesses from using the same or similar words in a different, non-competing industry sector for other products and services.If you want trademark protection for your slogan in other countries, you need to apply for a registered trademark in those territories too as your registration will be country-specific.
In addition to registering your trademark, you may also wish to register it in combination with your business name and in combination with your logo, especially if the words themselves are not registrable. Read more about this here: When is a trademark not registrable?
How do you trademark a slogan or a phrase?
Create an original slogan
Conduct a trademark search to check that its not already registered or in use
Decide whether you are going to apply for a trademark for the words only or a combined mark that includes the words and a logo design.
Read about how to get a trademark so that you have everything you need on hand
Submit your application in 4 easy steps using Trademarks Online.
