Types of Slogans That Can Be Trademarked
There are two main types of slogans commonly utilized in businesses for which organizations and individuals seek federal trademark registration. Similar to the well-known brands mentioned above, the first type is a slogan used for advertisement such as “Got Milk?” (California Milk Processor Board, 1993) or “Finger lickin’ good” (KFC, 1952). These slogans are central to the marketing and advertisement efforts of a company to promote brand awareness, and to otherwise sell a product or service to the consumer. The second type of slogan includes short memorable phrases on merchandise, such as a ball caps, shirts, musical jingles, or bumper stickers, which often illicit humor or evoke other sentimental connection to the indirectly referenced merchandise. For example, the musical refrain "ba da ba ba ba" of the "I'm Lovin' It" jingle has become ubiquitous with McDonald's. However, just being musical, amusing, comedic or funny alone does not necessarily warrant trademark protection as such short phrases must also create a connection in the consumer’s mind between that phrase and a product or service.
Not only must there exist an association between a product or service and the chosen slogan to receive trademark protection, but your slogan must also be at least one or more of the following:
Without inherent distinctiveness, the U.S. Trademark Office will not grant a slogan trademark protection without more. This means that a slogan during its useful life must achieve a secondary meaning such that invokes the mental image of a product or service when experienced by the consumer. If a consumer can experience your slogan in a manner the conjures your product or service to the forefront of their mind, then you will have achieved secondary meaning.
Secondary meanings associated with slogans are typically achieved as follows:
Common Trademark Office Action Rejections For Slogans
Trademarked slogans are rare, and registration in the trademark office will not come without a challenge. For instance, after receiving the application for a slogan, a typical trademark examiner might decline your slogan based on § 1202.03 or § 1202.04 of the Trademark Manual of Examining Procedure (TMEP):
For assistance in registering your slogan, or helping you determine whether your trademark has achieved secondary meaning, our
Dallas trademark lawyers can assist you in securing your trademark rights. See more about trademarks on our Trademark web page.
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