Any brand’s ability to leave a lasting impression is significantly influenced by its advertising. Ads using memorable phrases, slogans, or taglines are far more effective than others. A memorable slogan may become a crucial component of your brand’s identity. And for precisely that reason, you ought to register a slogan.

What is a slogan?

A slogan, which is often referred to as a tagline, catchphrase, payoff, or motto, has powerful marketing potential. As intended by its authors, it immediately brings associations with a given good, service, brand, or business name to mind. It almost has the same effect as shared memory. Once a phrase has become well-known enough, not only does discussing the product, service, or company frequently lead to someone saying (or thinking) the slogan, but the opposite is also frequently true.

For example, Registration is possible, however, as Nike’s ‘JUST DO IT’ and McDonald’s ‘I’M LOVIN’ IT.’

What is a trademark?

A trademark is a unique image or phrase that distinguishes one good or business from another. Connect your message and your brand for clients by registering a trademarked term. This can support your marketing initiatives and raise the worth of your company.

In contrast to a patent, a trademark offers perpetual protection as long as the owner of the mark regularly renews it by confirming continued use (or acceptable non-use) in jurisdictions that demand a declaration or proof of this intent and paying the required fees at intervals specified by local law.

When a slogan is trademarked, you have the right to use it to generate revenue. You can protect your catchphrase from plagiarism. Infringers may also be sued for damages.

Slogan: A secondary Identity

A slogan will only be given trademark protection if it acquires secondary meaning and is inherently distinctive. The term “secondary meaning” describes whether a brand has developed some level of consumer distinctiveness, meaning that it goes beyond the simple meaning of its words to become linked with a particular source. Typically, it must be proven via five years of continuous use in business or through significant sales and advertising.

The more secondary meaning a slogan’s owner must demonstrate to get it protected from copycats, the banaler it will be. As an illustration, Excedrin’s owners had to demonstrate that the phrase “Extra Strength Pain Reliever” had acquired a potent secondary meaning.

Why are slogans trademarked?

  • You can prevent others from using your original slogan by registering it as a trademark. This could make your company stand out. Your brand may become more appealing as a result.
  • Some businesses frequently employ a slogan in their marketing efforts. If you can claim exclusivity over it, you might want to if this is the case for you. Campaigns that satisfy one of the criteria mentioned above may be eligible.
  • When you register a slogan as a trademark, your brand’s trust rises, and consumers begin to link the slogan to your brand name, especially if the slogan is fully distinctive and original.
  • Your brand’s trust rises, and consumers begin to link the slogan to your brand name, especially if the slogan is fully distinctive and original.
  • The same happens when we watch television commercials or social media—catchy slogans stick in our thoughts.

A brand can gain significantly from the proper tagline. Businesses naturally want to safeguard that value and the resources and marketing efforts used to create it. However, the usual requirements for trademark registration must still be met for a slogan to get trademark protection, specifically that it must effectively:

  • the slogan must not already be registered in the class or jurisdiction for the same or a similar group of services, and it must be available for Registration in the selected class;
  • The trademark office will probably object to the mark if it is overly descriptive of the goods or services or any of their features;
  • The likelihood that the appropriate registry will grant the trademark protection will increase with the distinctiveness of the words utilized.

Target-market surveys, marketing spending, and the number of advertisements can all be used to show if a slogan has entered the public mind, at least to the satisfaction of the relevant IPO. However, the ambiguity of secondary meaning only emphasizes how important it will be for you to apply your slogan as soon as you come up with it in connection with your company, service, or product. You might be onto something if you see that the term is gaining some traction with clients. Many businesses either have a variety of slogans or occasionally alter their main catchphrase. But businesses nearly always register trademarks for these important pieces of IP, whether they keep them long-term or not.