How to Trademark a Slogan: Requirements, Cost & Why Many Get Refused (2026)
You can trademark a slogan if it functions as a brand — meaning consumers see it as identifying your products or services, not just as a catchy message. Registration through the USPTO costs $850 all-in with my office ($500 flat attorney fee + $350 USPTO filing fee per class) and takes roughly 10–14 months. The catch: slogans are refused more often than almost any other type of mark, usually for reasons that are foreseeable before filing.
"Just Do It." "I'm Lovin' It." "America Runs on Dunkin'." Slogans are some of the most valuable trademarks in existence — and some of the most commonly refused applications at the USPTO. The difference between the slogans that register and the ones that don't isn't cleverness. It's whether the slogan actually does a trademark's job.
I'm a USPTO-registered attorney, and this guide covers what makes a slogan registrable, the two refusals that kill most slogan applications, what the process and costs look like, and how to position a slogan application to succeed.
One scope note: this page is about slogans and taglines — the phrases businesses use to advertise. If you're asking about a phrase more generally — a saying, an expression, something you coined — see how to trademark a phrase, where the rules bend in some different directions.
Can You Trademark a Slogan?
Yes — a slogan is registrable on exactly the same legal footing as a brand name or logo, provided it meets the same core requirement: it must function as a source identifier. When consumers hear "Just Do It," they think Nike. The slogan points to a single source. That's trademark function.
What a trademark on a slogan gets you is the exclusive right to use it in connection with your goods and services — nationwide priority, the legal presumption of ownership, the ® symbol, and the ability to stop competitors from adopting confusingly similar taglines. What it does not get you is ownership of the words in every context; rights attach to the classes of goods and services you register in.
The reason slogan applications fail at unusually high rates is that many slogans, as used, don't actually do that source-identifying job — which brings us to the two refusals that matter.
The Two Refusals That Kill Slogan Applications
Failure to Function: the "Merely Informational" Refusal
Under the USPTO's examination rules (TMEP § 1202.04), a slogan that consumers would perceive as just conveying information or a common message — rather than pointing to one company — fails to function as a trademark and will be refused. Slogans that merely tout quality ("Best Coffee in Town"), state everyday sentiments, or use expressions already in widespread use fall here. The more a slogan reads as something anyone might say, the harder it is to register; the more it reads as something only one brand says, the easier.
The Ornamental Refusal
This one ambushes merch-driven businesses (TMEP § 1202.03). If your specimen shows the slogan splashed across the front of a T-shirt, the USPTO treats it as decoration — an ornamental feature of the product — not as a trademark identifying who made the shirt. Trademark placement is where brands live: the shirt's neck label, the hang tag, the packaging. A slogan business that only ever uses the phrase as the design itself often can't show trademark use at all in Class 25.
Both refusals share a fix that has to happen before filing: using the slogan the way a brand uses a tagline — consistently, in advertising, attached to your name and products — and choosing specimens that show that use. This is the single biggest reason slogan applications benefit from attorney review; both refusals are visible in advance to anyone who knows the examination rules.
Distinctiveness: Where Your Slogan Falls on the Spectrum
Like any mark, slogans range from strong to unregistrable:
Distinctive Slogans
Coined, arbitrary, or suggestive taglines that don't literally describe the product — these can register immediately on the Principal Register.
Descriptive Slogans
Ones that describe the goods, their qualities, or their purpose — need proof of acquired distinctiveness (secondary meaning): evidence like years of use, advertising spend, and consumer recognition showing the public associates the slogan with you. New businesses with descriptive slogans often start on the Supplemental Register while building that record.
Generic or Purely Informational Phrases
These don't register at all.
An honest note, because plenty of filing mills won't say it: a meaningful share of the slogans people want to register are refused, and the refusal is usually predictable. Part of what you're paying an attorney for is being told no, not this one — but here's what would work before the non-refundable USPTO fee is spent.
How to Trademark a Slogan: The Process
The mechanics follow the standard federal registration track:
Clearance search
Beyond checking the slogan itself against registered and common-law marks, a slogan search evaluates the failure-to-function risk — how widespread the phrase already is in ordinary use. Both layers are included in my flat-fee registration; the methodology is detailed in what a trademark search attorney checks.
Choose classes
A slogan registers in the classes of the goods or services it advertises — a restaurant tagline in Class 43, a software tagline in Class 42, an apparel slogan (used correctly — see the ornamental trap above) in Class 25. Each class carries the $350 USPTO fee.
File — on use or intent-to-use
If the slogan is already in commercial use, you file with specimens; if you're launching a campaign, an intent-to-use application reserves priority before the slogan airs.
Examination, publication, registration
An examining attorney reviews the application around 6–8 months in — this is where failure-to-function and ornamental refusals arrive as Office Actions if the groundwork wasn't done. Cleared applications publish for a 30-day opposition window, then register. Full details in the trademark registration process guide and the timeline breakdown.
How Much Does It Cost to Trademark a Slogan?
$850 all-in for a single class with my office — a $500 flat attorney fee plus the $350 USPTO filing fee — including the clearance search and failure-to-function risk review.
Additional classes are $350 each in government fees. If an Office Action arrives despite clean groundwork, a substantive response runs $2,000–$2,500 — which is the cost the pre-filing review exists to avoid. The complete pricing picture is in how much a trademark costs.
Can You Copyright a Slogan Instead?
No — and this matters because it's one of the most-searched dead ends in this area. Copyright protects creative works of authorship, and the Copyright Office expressly excludes names, titles, slogans, and short phrases (Copyright Office Circular 33). There is no such thing as patenting a slogan either; patents protect inventions. For short commercial phrases, trademark is the only protection on offer — the full three-way comparison is in our guide to copyright vs. trademark vs. patent.
Frequently Asked Questions
Can you trademark a slogan?
Yes, if it functions as a source identifier — consumers must perceive it as pointing to your brand, not as a common message anyone might use. Slogans that merely convey information or widespread sentiments are refused.
How much does it cost to trademark a slogan?
$850 total for one class through my office: $500 flat attorney fee plus the $350 USPTO fee, clearance search included. Each additional class adds $350 in government fees.
How long does it take to trademark a slogan?
Roughly 10–14 months from filing to registration for a clean application.
Why do slogan trademarks get refused?
The two dominant reasons: failure to function (the slogan reads as a common or merely informational message) and ornamental use (specimens show the slogan as product decoration, like the front of a shirt, rather than as a brand identifier).
Can I put my trademarked slogan on T-shirts?
Yes — but to register it for apparel, your specimens must show the slogan used as a brand (neck labels, hang tags, packaging), not only as the decorative design on the product.
Can you copyright a slogan?
No. Copyright law excludes slogans and short phrases. Trademark registration is the correct protection for a slogan.
Do I need to use the slogan before registering it?
No — an intent-to-use application reserves your priority date before launch, though registration won't issue until you prove actual use.
Put Your Slogan Under Federal Protection
I'm Michael Meyer, a USPTO-registered attorney (Reg. No. 78,575). I register slogans and taglines on a flat-fee basis — $850 all-in for a single class — and I'll tell you honestly, before you spend a dollar in government fees, whether your slogan can clear the refusals that stop most of them. Nebraska rates, nationwide representation.
Warning & Disclaimer: The pages, articles, and comments on michaelmeyerlaw.com do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the personal opinions and views of the author as of the time of publication.