What is Slogan Registration?
Slogan registration is the process of filing a formal trademark with the U.S. Patent and Trademark Office (USPTO) to protect a phrase or tagline that you will be using to distinguish your goods or services in the market.
If you want to register your business slogan, you’ll need to complete specific steps.
Read the rest of this article to learn more about slogan registration, how the process works, and how a lawyer can help you navigate it.
What are the Benefits of Slogan Registration?
Registering a slogan gives you protection so that other businesses can’t claim rights to use your unique catchphrase. A slogan distinguishes your company’s offering from competitors while being recognizable for your customers.
Having registered your business slogan is also beneficial because it gives you a legal standing if someone tries to infringe on your trademark.
How Do You Register a Slogan?
Before you register your slogan to make it official, you should research existing trademarks to ensure you’re not violating someone else’s rights without realizing it, which can land you in legal trouble.
You can search for existing trademarks on the USPTO’s official website. It’s also good to search for trademarks and slogans on the internet and ecommerce sites.
Once you’re sure you have a unique slogan, follow these tips to register your slogan.
Check Your Slogan Validity
To be eligible for slogan registration, your slogan has to meet specific criteria.
It Has to Be a Distinctive Slogan
You can’t register a slogan that’s generic as this won’t distinguish it from those belonging to competitors. So, it should be creative and unique to your goods or services.
A strong phrase will be suggestive, meaning that it alludes to the nature of what you’re selling without being too direct or simplistic about what you’re offering.
It should also be non-descriptive. This term means that the slogan shouldn’t solely describe an aspect of your company. For example, a slogan like “Fresh bread” for a bakery is description as it describes that the bakery bakes fresh bread. By comparison, “Rise with us” would be non-descriptive as it’s unique enough to create an association with your brand.
It Should Function as a Trademark
Your slogan must clearly identify your brand. It has to appear on your product packaging, in ad campaigns, on your website, and in association with your products or services. It can’t be a decorative phrase that doesn’t serve a deeper purpose for your brand.
It Must Be Used in Commerce
Your slogan, just like your trademark, has to be used in commerce. While you might not be actively using it when you apply for your slogan registration, you can still apply for an “intent to use” it.
Complete a Trademark Registration Form
On the USPTO’s website, you’ll navigate to the Trademark Center. You’ll fill out an application that needs to include important information, such as the slogan text, the goods or services it is used to sell, and a specimen for how the slogan will be used in commerce. You’ll also have to choose the right class classification.
If your slogan is simply a phrase, you’ll file it as a standard character mark. By comparison, if the slogan forms part of your brand logo, you’ll file it as a stylized mark.
Registering a slogan or trademark costs a fee of $350 per class of goods or services.
What Happens After Slogan Registration?
After submitting your slogan registration, a USPTO examiner will review it. If there are any issues with the application, they will send you a notification, called an office action. This explains how to resolve them by a specific date.
By resolving any issues promptly, your application will continue to progress so it can be approved. If you don’t provide a sufficient remedy, you’ll receive a final office action. Should you not resolve the office action and miss the deadline, your application will be abandoned.
Do You Need a Lawyer for Slogan Registration?
Although it’s not a legal requirement to hire a lawyer for slogan registration, it is worth considering. There are various rules you have to follow when choosing and registering your brand phrase. A lawyer will help you to ensure you’ve met all the legal requirements and can guide you through the process.
Here are some ways in which a lawyer can help you register your slogan.
- A lawyer will help you before your registration process. They’ll conduct a comprehensive trademark search to ensure that your slogan is unique and not too similar to an existing mark, which could increase your chance of rejection.
- They’ll assess if your slogan is unique enough to gain trademark protection, potentially saving you time and money on a failed application.
- They have a deep understanding of all legal and other requirements determined by the USPTO to help you complete a successful registration.
- During your application, a lawyer will assist you in choosing the correct classification for your slogan so that you don’t make common errors that can result in office actions or registration delays.
- A lawyer will prepare responses should the USPTO examining attorney send you an office action that requires your attention.
- They’ll advise you on how you can strengthen and protect your brand rights, such as by using the slogan commercially for your goods or services.
- They’ll also monitor for infringement on your slogan and help you enforce your rights.
Where to Find a Lawyer for Slogan Registration
If you need to hire a trademark lawyer to help you with registering your slogan, you don’t have to worry about not finding the best one. Slogan registrations can involve complex and delicate issues, so you want to find a lawyer who’s experienced.
Online legal platforms make finding the right lawyer easier. On ContractsCounsel, one of the largest online legal marketplaces where all lawyers are vetted, you’ll use their user-friendly platform to search for the best lawyer to help you with the slogan registration process.
Search for a lawyer based on your legal requirements according to data conveniently provided by the platform, such as the lawyers’ location, previous projects they’ve completed, their level of expertise, their credentials, and client reviews.