How do I Trademark a Slogan?

Here's another question from one of our readers:

Shannon ....

I'm a book author, and I came up with a very 'catchy' slogan to be used in future advertising campaign.

What steps do I need to take to trademark and/or copyright this slogan so that it is exclusively mine??

Alan Roger Currie Author, "Mode One: Let The Women Know What You're REALLY Thinking"

Thanks for your question Alan!

First, it's not possible to copyright a slogan.

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

It may be possible to file for a trademark for the slogan as long as it's used to indicate & identify the source of goods/services.

If we're talking about a merely informational slogan or a slogan that conveys advertising information, it's not eligible for trademark registration.

Click these links to see what the USPTO has to say:

Slogans or Words Used on the Goods
Slogans, Refusal Based on Descriptiveness
Matter that Does Not Function as a Service Mark

Hope that helps Alan!

Any other questions, please email me: by clicking here OR comment below.

Read more about trademarks here

Trademark Question From a Reader

"If I have an agreement as an exclusive distributor of a product, and the product name was in use prior to my agreement, but not trademarked, can I apply for and receive a trademark for the product name."

Sincerely, Jerry

Thanks for your question Jerry!

Yes, a trademark does grant a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration.

However, it sounds as if Common-Law rights are going to be at play here. So, even if the manufacturer does not have a trademark, they are still going to have Common-Law rights to the name.

Here's what the USPTO has to say: "Where the mark is used by a related company, the owner is the party who controls the nature and quality of the goods sold or services rendered under the mark. The owner is the only proper party to apply for registration."

Hope that helps Jerry!

Any other questions out there? Please email me at shannon at tmexpress dot com.

Read more about trademarks here