Registration
How to Trademark a Phrase or Slogan (USPTO Guide 2026)
Yes — you can trademark a phrase or slogan. Nike owns Just Do It. McDonald's owns I'm Lovin' It. The California Milk Processor Board owned Got Milk? But phrase marks face stricter scrutiny than name marks. Here's what it takes to get one registered.
Can you trademark a phrase?
Yes — the USPTO routinely registers slogans and phrases as trademarks. But the requirements are the same as for any trademark, and phrases often fail to meet them. To be registrable, a phrase must:
Be distinctive
It must function as a source identifier — signaling to consumers who makes the product or provides the service — not just as a general statement or common expression.
Be used in commerce
You must be using the phrase commercially to sell or advertise your goods or services, or file on an intent-to-use basis and later prove use before registration is granted.
Identify a specific source
The phrase must connect in consumers' minds to your brand, not to a general concept. "Just Do It" means Nike. "Fresh and Fast" probably doesn't mean anyone in particular.
Not be merely descriptive or generic
A phrase that simply describes the product's features ("Made Fresh Daily" for a bakery) will be refused as merely descriptive unless it has acquired distinctive secondary meaning through years of exclusive use.
Famous trademarked phrases — and what makes them work
The most successful phrase trademarks share a common trait: they don't describe the product. They evoke a feeling, a lifestyle, or an idea that requires imagination to connect to the goods or services.
Strong vs. weak phrase marks
Before you spend money filing, evaluate where your phrase lands on this spectrum:
How to trademark a phrase: step by step
1. Search for existing marks
Before filing, search the USPTO database for your phrase and close variations. Also search for similar slogans in your industry. A conflicting mark in the same Nice class is the most common reason phrase applications fail. Use Searchmarq's free search tool to check the USPTO database instantly.
2. Evaluate distinctiveness honestly
Ask yourself: does this phrase directly describe my product or its qualities? If someone hearing the phrase for the first time would immediately understand what the product does, it's likely descriptive — and a registration is unlikely without years of established use. If it takes imagination to connect the phrase to your goods, you're in stronger territory.
3. Choose your Nice class(es)
Trademark protection is tied to the goods and services you provide. Identify the relevant international class(es) for your business. Nike's "Just Do It" is registered in classes covering footwear, clothing, and sporting goods. Be specific and accurate — too many classes wastes money, too few leaves gaps.
4. Decide on use-in-commerce vs. intent-to-use
If you're already using the phrase on products, marketing materials, or your website in connection with selling goods or services, file on a use-in-commerce basis and include a specimen. If you're pre-launch, file on an intent-to-use basis to lock in your priority date, then file a Statement of Use once you go live.
5. Prepare a strong specimen
The specimen must show the phrase being used in connection with your goods or services — not just as a decorative element. A banner on your website displaying the slogan alongside your product or service offering works. A standalone motivational poster probably does not.
6. File the TEAS application
Submit through the USPTO's TEAS system (or use a flat-fee filing service like Searchmarq). You'll pay $250/class (TEAS Plus) or $350/class (TEAS Standard) in government fees. Your serial number and priority date are assigned immediately upon submission.
7. Respond to any Office Actions
Phrase marks are more likely to receive Office Actions than simple word marks — especially 2(e)(1) mere descriptiveness refusals and 2(d) likelihood-of-confusion refusals. You have 3 months to respond (extendable to 6). For a descriptiveness refusal, you may be able to argue secondary meaning or amend to the Supplemental Register.
Common reasons phrase trademarks get refused
Mere descriptiveness (Section 2(e)(1))
The most common refusal for slogans. If the phrase immediately conveys information about the nature, quality, or purpose of the goods or services — without requiring imagination — the USPTO will refuse it. Examples: "Fresh Daily" for baked goods, "Fast and Reliable" for delivery services.
Failure to function as a mark
Some phrases are so commonplace or motivational that the USPTO finds they don't function as trademarks — consumers see them as ornamentation or general sentiment, not as a brand identifier. Widely-used expressions and popular idioms typically fall here.
Likelihood of confusion (Section 2(d))
If an existing registered mark is similar in sound, meaning, or appearance — and covers related goods or services — the USPTO will refuse the new application. This is why a thorough pre-filing search matters.
Immoral or scandalous matter (Section 2(a))
Phrases that are vulgar, deceptive, or that falsely suggest a connection to a living person or institution can be refused under Section 2(a). The USPTO has broad discretion in applying this ground.
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