Eat More...

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Chick-fil-A, the Atlanta-based fast-food chain, has sent a cease and desist to a Vermont-based artist to stop using the phrase "Eat More Kale" with claims that the mark "is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A's [slogan "eat mor chikin"] and diminishes its value." Read the full article here.

Bo Muller-Moore isn't selling food but rather is promoting a food movement, specifically, "eating locally, supporting local farmers, bakers, famers markets, farm stands, CSA's, community gardens and restaurants, sustainable lifestyles, social commentary and community."

This certainly isn't the first time Chick-fil-A has disputed an "eat more" mark; see their opposition history here.

Is this "over-enthusiasm for brand protection" on Chick-fil-A's part? Or is there a legitimate complaint here?

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