Can I trademark my slogan?

Whether
or not an entity can trademark a slogan really depends on how that slogan is to
be used. The general principles of trademark law apply in analyzing whether or
not the intended or actual use of the slogan constitutes trademark use under
the law. At the outset, it is important to understand that a copyright cannot
protect a slogan. Therefore, a trademark may be able to do so IF a slogan is
used as a source identifier in connection to a particular set of goods or
services. Put another way, the slogan must be distinctive, used in interstate
commerce, and used as a brand identifier.

To
determine whether or not the slogan is distinctive, a trademark attorney can
analyze the slogan to ensure that it is not generic or merely descriptive when
used in connection with the underlying goods or services. Instead, the slogan
must be distinctive, which means that it has either acquired distinctiveness,
is arbitrary, or fanciful. Understanding how the slogan will be used will help
determine whether or not the slogan is distinctive enough to qualify as a
trademark.

The
slogan must also be used in interstate commerce as a trademark. Therefore,
merely putting it on the front of a t-shirt or some other merely ornamental use
does not qualify as a trademark use. It must serve as a source identifier. For
example, if used in connection with services, it should be used on a website or
other advertising material that confirms that it is a mark. If used in
connection with certain goods, such as t-shirts, it must be used on a hang tag,
label, or otherwise in such a way that it is clear that it is more than a
slogan or phrase without any underlying identification of source for such
goods. One looking to protect a slogan would be well served to speak with a
trademark attorney who can further advise the proper way to make trademark use
of a slogan.

Ultimately,
the trademark availability assessment or clearance should be performed on a
slogan prior to beginning use or pursuing registration. This will allow a
trademark attorney to determine whether or not use of the slogan is likely to
subject the entity to claims of trademark infringement, whether or not the
slogan is in fact distinctive enough to qualify as a trademark, and provide
recommendations as to the likelihood of it being a protectable mark and/or
successful trademark registration with the (USPTO) United States Patent and Trademark
Office.