If you’ve created the best slogan for your business, you may be wondering whether you can protect it by obtaining a patent for it. Although you may not have a slogan that’s as catchy as Nike’s Just Do It Slogan, don’t worry you can still protect your intellectual property. So, can you patent your slogan? We will answer this question below.
Can You Patent a Slogan?
Unfortunately, you can’t patent a slogan because the patent office does not offer patents for slogans, however, you may be able to register your slogan as a trademark with the USPTO (The United States Patent and Trademark Office). That said, to be able to register your slogan as a trademark, you need to be using it as a brand for your business.
Said differently, for your slogan to be eligible for federal trademark registration, you need to be using to advertise your products or services. Customers have to associate the slogan that you’re using to advertise your products or services with you or your business.
Why Can’t You Patent a Slogan?
Slogans can’t be patented because patents protect new inventions, processes, and design, they don’t protect words or slogans. Simply said, slogans just aren’t the type of matter that patent law protects. So, don’t spend your time and money trying to protect a slogan by patenting it.
Like we said previously if you’re using a slogan to advertise your products or services, the appropriate protection would be to register it as a trademark with the USPTO. So, how do you register your slogan with the trademark office? We will answer this below.
How to Register Your Slogan as a Trademark?
You can register your slogan as a trademark by preparing and filing a trademark registration application online with the USPTO. To register your slogan as a trademark, you will need to provide basic information, such as your name, the name of your business, address, the slogan you want to protect, and the classes for which you want to protect your slogan.
Many people seek the help of an attorney to assist them with the preparation and filing of their trademark application. There are also many sites on the web that will assist you with the preparation of your trademark application in exchange for a small fee.
Once you’ve prepared and filed your trademark application, the trademark office will send you a confirmation email that contains the basic information you submitted, as well as a serial number for your trademark application. You can and probably should use this serial number to track the status of your trademark application.
That said, before preparing a trademark application, you should check to see if someone else has already registered the slogan that you want to register. If you find that someone has already registered the slogan, you should probably contact an attorney to determine whether registering your slogan would confuse customers.
If your attorney determines that there is no likelihood of confusion, he may suggest that you proceed with registering the slogan as a trademark with the trademark office. If there is a likelihood of confusing customers as to the source of products or services, he may recommend that you choose a different slogan for your product or service. That said, contacting your attorney is the best way to evaluate your specific situation.
How Much Does it Cost to Trademark a Slogan?
The cost to trademark a slogan depends on whether you’re having an attorney to assist you. If you prepare the trademark application on your own, expect to pay $275 per trademark registration class. However, if you want to have an attorney assist you with the preparation and filing of your trademark application, expect to pay anywhere between $1,000 to $2,000.
Having said that, you may have to pay your attorney more if he needs to make additional communications with the trademark office or amendments to your trademark application.
Here are some of the fees to expect to register your slogan:
- Filing Fees to file your trademark application
- Trademark attorney fees
- Fees for maintaining the trademark
Now that you an idea about the fees that attorney charge to prepare and file trademark applications, it’s good to know that most attorneys charge a flat fee to prepare and file a trademark application. If you can’t afford an attorney, there are many online services that can assist with you doing so, expect to pay $200 to $500 for the services alone. You will then have to pay the government filing fees associated with your trademark application.
In some instances, merely preparing and filing a trademark application is not enough, your attorney may have to communicate with the trademark office to resolve issues relating to your trademark application. If this occurs expect to pay additional fees to have your attorney make any required changes or amendments to your application.
What’s the Benefit of Registering Your Slogan as a Trademark?
By registering your trademark with the USPTO, your trademark is protected nationwide, meaning that no else can use the slogan you’re using to offer similar products or services. You will be able to stop anyone who uses your slogan in a manner that confuses the public as to the offering of goods or services.
Said differently, if someone uses your slogan on products or services that are similar to the ones that you’re offering, you can ask them to stop using your slogan in a manner that confuses customers as to who is actually providing the product or service. For example, if your competitors use your slogan and the public starts believing that you are the person or business offering the product (when in fact it’s your competitor), you will be able to ask them to stop such use.
If you send a cease and desist letter to someone who infringes upon your trademark and they do not stop their infringing use, you can bring a lawsuit against them in federal court. If you’re successful, the judge may grant a court order, ordering the infringing party to stop its use of your slogan in a manner that confuses consumers.
Can You Protect Your Slogan with a Copyright?
Unfortunately, no you cannot protect your slogan with a copyright. Copyright law does not offer protection to titles, names, slogans, or phrases. So, if you have a slogan that you’re using to advertise your products or services, the best way to protect it is to register it as a trademark with the USPTO. Just make sure that you’re actually using the slogan to advertise your goods and services and you’ll probably be able to successfully register it, as long as no else has registered a similar slogan with the trademark office.
How do you Patent a Slogan?
Unfortunately, slogans cannot be patented because they are not the type of intellectual property that can be patented. Patent law only protects new inventions, processes, and designs, it does not offer protection to slogans. Your best option to protect a slogan is registering it as a trademark with the USPTO. The trademark office will allow you to register it, so long as no one else has registered it before and if you’re using it in connection with the offering of products and/or services.
Patenting a Slogan
By now, you probably know that patenting a slogan is not possible since patent law does not offer protection for them. If you have a slogan that’s valuable and you’re using it to market the products and services that you’re offering to the public, you may be able to protect it by registering it with the trademark office.
The USPTO allows slogans to be registered as trademarks, as long as no else has registered the slogan and you’re using the slogan in connection with the offering of goods or services. Once you’ve determined that no one else has registered the slogan with the trademark office, you can prepare and file a trademark registration application with the USPTO. Once approved, you can stop others who use your slogan without your permission. If you have any general questions or comments, please feel free to leave them in the comments section below.