8 Tips for trademarking a phrase
A slogan or tagline is a striking or memorable phrase used in advertising. An effective slogan has the ‘firepower’ to make consumers stop and think... and ever after recall your brand when they see or hear the phrase.
A slogan can play a key role in building your company’s reputation and identity – but if poorly thought out, a slogan can send the wrong message, dilute your brand and even drive customers away.
In today’s media-saturated marketplace, it’s vital to create a slogan that cuts through the noise and sets your business apart from the competition. It doesn’t have to be complex. In fact, a simple phrase is often better as long as it’s memorable.
Think distinctive when you want to trademark a phrase
The global computer company, Apple’s slogan is “Think different.” If you want to register a trademark for your slogan, our advice is “Say it different.”
Distinctiveness and originality is also what gives your slogan its legal punch - and helps it qualify for trademark registration!
The more unconventional your slogan is in the context in which it is used, the more likely it is to be considered distinctive and the more likely you can protect it as a trademark.
For example, “Fast and effective relief from headaches” is unlikely to be distinctive if it is used by a company selling pain medication. But the same phrase might well be distinctive if used by an accounting firm because the message, in that context, is not literal!
In the UK, a small business owner used an original slogan, “A superhero has my back” firstly to distinguish her clothing brand from others, but also to protect her brand! Having a trademark registration for the slogan empowered her to quickly take action when a corporate retailer put that phrase on their own range of clothing.
8 creative ideas for trademarking a phrase that’s unique
Here’s some tips and trademark slogan examples used by well known brand owners to help you create your own original and memorable phrase:
1. Come up with a metaphoric tagline
GIVES YOU WINGS (Red Bull)
LIVE HAPPILY EVER ACTIVE (Virgin Active Australia)
2. Include original, fanciful or made-up words
IT’S FINGERLICKIN’ GOOD (KFC)
THEY’RE GR-R-REAT! (Kellogg Frosties)
3. Choose unconventional grammar or spelling
THINK DIFFERENT (Apple)
BEANZ MEANZ HEINZ (Heinz)
4. Make a clever play on words
LIQUID ENGINEERING (BP)
EVERY CAMEL TELLS A STORY (Camel)
5. Put a new spin on a well-known saying
LORD OF THE WINGS (for fast food)
FROM THOUGHT TO FINISH (Ernst & Young)
6. Make it amusing, unusual or thought-provoking
LET YOUR FINGERS DO THE WALKING (Yellow Pages)
MORE EXPERIENCE THAN OUR NAME SUGGESTS (Virgin Atlantic)
7. Include your registered trademark in your slogan
This is likely to make the phrase distinctive and registrable.
CADBURY PRESENTS MARVELLOUS CREAT!ONS
VISA. IT'S EVERYWHERE YOU WANT TO BE.
8. Use your slogan as part of a stylised logo
Meeting the above-mentioned criteria to trademark a phrase can be challenging. If your words are unlikely to qualify as a trademark on their own, to make sure you get a level of protection for your slogan, you could apply for a logo trademark.
Here are examples of companies who have registered trademarks for logos that incorporate their slogans.
Whatever you do, find a way to get some registered trademark protection for your slogan or phrase. A tagline can be a critical part of your strategy to distinguish your brand in a crowded marketplace - and a registered trademark gives you robust, countrywide protection for your brand.
