Many different things can function as a trademark: a logo, a symbol, a single word, a name, and even a slogan. A trademark can potentially be anything that identifies or signifies the source of the product or service. It must function to distinguish that product or service from other similar products and services. In essence, a trademark is a tool used by a company to differentiate its products from others in the mind of the consuming public.

Companies sometimes want to get trademark protection for a slogan. For example, they may claim to have the “World’s Fastest Tire Service” or “The Best Shrimp in Texas.” But such slogans can present problems in terms of trademark protection because they don’t necessarily satisfy the two requirements for a trademark mentioned above.

If the slogan is merely informational or praises the product, it most likely will not qualify for trademark registration. When a tagline similar to the two above is used, it doesn’t really function primarily as a source indicator. Having the “World’s Fastest Tire Change Service” doesn’t really tell you who is behind the service the way the Midas or Goodwrench logo on the front of the building does. It may be true that, over time, a certain brand will come to be known as the fastest tire changer, but that distinction is acquired and often only comes with long-term use. The tagline really works more as a description of the service than an indicator of the service provider.

The context also matters. Slogans placed on clothing, for example, can be difficult to present as proper use of the trademark, because they often seem to convey a message rather than a source. Graphic tees with witty or humorous sayings may not qualify for federal trademark protection because the message is there for fashion purposes, not to indicate source.

Slogans used with services can be even more problematic. The Trademark Office rules state that “the use of a designation or slogan to convey advertising or promotional information, instead of identifying and indicating the source of the services, is not use of a service mark.” Another concern with service-based taglines is avoiding describing the product in the service. So a home cleaning business probably can’t describe the speed of the mop. A bakery slogan trumpeting the aroma of its sticky buns might not pass the test.

There are a number of issues that can arise when trying to secure trademark registration on a slogan. Bottom line: slogans can be a tricky area of ​​trademark law and are definitely worth considering, and probably talking to a lawyer, before investing a lot of time and money in one. You want to avoid spending a lot of money on a trademark that is impossible to register.