Can You Trademark a Slogan or Logo?
Yes, but not every slogan or logo qualifies, distinctiveness is the key requirement the USPTO actually looks for.
By Simon Touma · Updated August 14, 2026
What Makes a Slogan or Logo Eligible for Trademark Protection?
Quick answer: Yes, both slogans and logos can be trademarked, as long as they function as a source identifier, distinguishing your goods or services from competitors, rather than simply describing them. Distinctiveness is the key requirement, generic or merely descriptive slogans face a much harder path to registration than unique, memorable ones.
On This Page
- What Makes a Slogan or Logo Eligible for Trademark Protection?
- Yes, Slogans and Logos Are Both Trademarkable
- Distinctiveness Is What the USPTO Actually Cares About
- Why Some Slogans Get Rejected
- Logos Have Their Own Distinctiveness Considerations
- Registering a Slogan or Logo Separately From Your Business Name
- Practical Considerations Before Filing
- Types of Marks and Their Relative Strength
- FAQs
Yes, Slogans and Logos Are Both Trademarkable
A slogan (also called a tagline) and a logo (a design or graphic mark) can each be registered as their own separate trademarks, distinct from your business name itself. Many businesses have multiple registered marks, a word mark for the name, a separate design mark for the logo, and sometimes a third registration for a distinct slogan.
The core requirement is the same as for any trademark: the slogan or logo has to function as a source identifier, something that tells consumers this product or service comes from you specifically, not merely as decoration or a general description.
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Distinctiveness Is What the USPTO Actually Cares About
Trademark law generally recognizes a spectrum of distinctiveness: fanciful or arbitrary marks (made-up words, or common words used in an unrelated context) receive the strongest protection, suggestive marks (hinting at a quality without directly describing it) receive solid protection, and merely descriptive marks (directly describing the product or service) face a much harder path unless they’ve acquired distinctiveness through extensive use.
Generic terms, the common, everyday name for the product or service itself, cannot function as trademarks at all, no matter how long they’ve been used. A slogan that simply states a factual claim about your product, rather than functioning as a brand identifier, faces the same distinctiveness problem.
Why Some Slogans Get Rejected
A slogan that’s purely informational or descriptive, essentially just a claim about the product rather than a brand identifier, often struggles to register because it’s not functioning the way a trademark is legally supposed to function. The USPTO examining attorney will assess whether consumers would actually perceive the phrase as identifying your specific business, or just as general advertising language.
Slogans that are commonly used across an entire industry, or that are seen as standard promotional phrases rather than tied to one specific source, also face rejection, even if you were the first to use that particular phrasing in your own marketing.
Logos Have Their Own Distinctiveness Considerations
A logo is generally evaluated on similar principles, is it distinctive enough to function as a source identifier, or is it a generic design element that doesn’t meaningfully distinguish your brand? A highly stylized, unique design is in a much stronger position than a simple, common shape or an unmodified stock element.
Color alone can sometimes be protected in specific circumstances, but this is a narrower and more fact-specific area, generally requiring the color to have acquired strong, specific consumer association with your brand over significant use.
Registering a Slogan or Logo Separately From Your Business Name
If you have a slogan or logo that’s genuinely central to your brand identity, and used consistently and prominently, registering it as its own separate trademark, in addition to your business name, can provide meaningfully broader protection than relying on your name registration alone.
This is particularly worth considering when your slogan or logo has independent recognition value, situations where customers might recognize the tagline or the visual mark even without seeing your business name attached to it.
Practical Considerations Before Filing
- Assess whether the slogan or logo is genuinely distinctive, not merely descriptive or generic.
- Run a clearance search specific to that slogan or logo, separate from your business name search.
- Confirm consistent, prominent actual use in your marketing and on your goods or services.
- Consider whether word mark or design mark registration (or both) best fits your situation.
Types of Marks and Their Relative Strength
- Fanciful/arbitrary marks: made-up words or unrelated common words, strongest protection.
- Suggestive marks: hint at a quality without directly describing it, solid protection.
- Descriptive marks: directly describe the product, weak protection unless distinctiveness is acquired.
- Generic terms: the common name for the product itself, cannot be trademarked at all.
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Intellectual Property and Brand ProtectionCan You Trademark a Slogan or Logo? FAQs
Can I register my logo and my business name as one combined trademark?
Yes, this is possible, but registering them separately, as a word mark and a design mark, often provides broader, more flexible protection since each can be used or licensed independently.
What if my slogan is very similar to a competitor’s?
This raises the same likelihood-of-confusion concerns as any other trademark conflict, and should be evaluated through a proper clearance search before you invest in building a brand around it.
Can I trademark a color as part of my logo?
In limited, fact-specific circumstances, a specific color can be protected, but this generally requires a strong showing that consumers have come to strongly associate that specific color with your brand.
Does a slogan need to be original or unique to be trademarked?
It needs to be distinctive enough to function as a source identifier, it doesn’t need to be entirely novel, but purely generic or descriptive slogans face real registration difficulty.
What if I change my logo design after registering the original?
A significantly redesigned logo generally needs its own new registration, since trademark protection is tied to the specific mark as actually registered and used.
Can a stock photo or common clip art function as a protectable logo?
This is difficult, unmodified generic or widely-used design elements often lack the distinctiveness needed to function as a source identifier.
How do I know if my slogan is merely descriptive versus suggestive?
This is a nuanced legal judgment call that benefits from an attorney’s evaluation, the line between the two categories is not always obvious from a business owner’s perspective.
Key Takeaways
- Both slogans and logos can be registered as trademarks, separate from your business name.
- Distinctiveness is the central requirement, generic or merely descriptive marks face a much harder path.
- Fanciful and arbitrary marks receive the strongest trademark protection.
- Registering a slogan or logo separately can provide broader protection than a name registration alone.
- Color marks are protectable only in narrow, fact-specific circumstances.
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