It’s pretty straightforward to apply for and to acquire a copyright for issues that are borne of an artistic nature. For example, films, music, fiction, poetry, scripts, sculpture, etc, are all comparatively straightforward to copyright.

You can also obtain a copyright for different things that don’t appear to be of an artistic nature. For example, you can also easily copyright blueprints, advertising copy, software programs, and games, to name a few.

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Can You Trademark a Slogan?

It is also possible to file to trademark a slogan. Even so, the slogan has to be used to identify and indicate the source of goods and/or services.

Since McDonald’s® was able to trademark “I’m Lovin’It®” and Nike® was able to trademark “Just Do It®” don’t you think that it need to be fairly straightforward for you to be able to trademark a slogan?

It would seem so, but it could not be as simple as you may well feel.

The USPTO (United States Patent and Trademark Office) – the component of the government that decides no matter whether or not to grant you a trademark – has said “Slogan or phrases utilised on items such as t-shirts…have been refused registration as ornamentation that purchasers will perceive as conveying a message rather than indicating source of the goods.”

So, if you’re talking about trademarking an informational slogan or a slogan that is used to convey some type of advertising details, you could apply to trademark a slogan but you will most likely discover that it won’t be eligible for trademark registration.

Trademarking a slogan is a type of a gray and tricky area. If the slogan you want to trademark is only displayed on the goods and isn’t identified as the source then it is most likely that the USPTO will refuse your registration. So if you’re planning to do something like this then you should consider first seeking expert assistance.

The United States Patent and Trademark Office has also stipulated that “Use of a…slogan to convey advertising or promotional info…is not service mark use.”

So if your slogan serves as advertising copy and/or if it describes your service, then it is improbable that it will be eligible for trademark registration as nicely. Thus, if you have a slogan that you would like to use for services, simply because this is also a gray location, this would be one more instance where you may want to seek professional advice just before attempting to trademark the slogan.

But don’t give up. “Just Do It®”. And, then, if you can get the skilled assist that you will need, as Burger King® employed to say – there’s a great opportunity that you can “Have It Your Way®”.