Can a Slogan Be Trademarked? Intellectual Property Law
In today’s competitive marketplace, businesses rely heavily on branding to distinguish themselves from rivals. While logos and business names are the most common brand identifiers, slogans often carry just as much weight. A catchy phrase like “Have it your way” or “Because you’re worth it” can become synonymous with a brand and its values. But can a slogan be legally protected under Intellectual Property Law in Australia? The short answer is yes—under certain conditions, a slogan may qualify for trademark protection. This article explores when and how slogans can be trademarked, what requirements they must meet, and why businesses should consider protecting their slogans.
What Is a Trademark Under Australian Law?
A trademark is a legal right granted to a business or individual over a sign that distinguishes goods or services from those of others. Under the Trade Marks Act 1995 (Cth), a trademark can include:
Words
Logos
Phrases or slogans
Sounds, shapes, or even scents
This means that slogans, provided they meet the necessary legal requirements, fall within the scope of protectable trademarks under Intellectual Property Law.
Can Slogans Be Trademarked?
Yes, slogans can be trademarked in Australia. However, not every slogan will automatically qualify. The main challenge lies in proving that the slogan is distinctive enough to serve as a unique identifier for your business.
For example, a generic phrase like “Best Quality Shoes” would likely be rejected by IP Australia, as it is too descriptive and not distinctive. On the other hand, a creative or unique phrase such as “Just Do It” (Nike) is inherently distinctive and strongly associated with a specific brand.
Requirements for Trademarking a Slogan
To be eligible for trademark protection, a slogan must meet the following key requirements:
Distinctiveness - The slogan should not be generic or overly descriptive. It must be capable of distinguishing your goods or services from competitors.
Not Too Similar to Existing Trademarks - IP Australia will reject any slogan that closely resembles an already registered mark, especially if it applies to the same class of goods or services.
Used in Trade - The slogan must be used in a commercial context, not just as a decorative phrase. For instance, if your business consistently uses the slogan in advertising or product packaging, this strengthens its claim to trademark protection.
Benefits of Trademarking a Slogan
Registering a slogan under Intellectual Property Law provides several benefits, including:
Exclusive Rights: You gain exclusive rights to use the slogan in connection with your registered goods or services.
Brand Recognition: A trademarked slogan reinforces brand identity and customer loyalty.
Legal Protection: Trademark registration allows you to take legal action against competitors who copy or misuse your slogan.
Business Value: A strong, protected slogan can add value to your business and enhance goodwill.
The Process of Registering a Slogan in Australia
Trademark registration in Australia is managed by IP Australia. The process generally involves:
Trademark Search - Before applying, conduct a trademark search on IP Australia’s database to ensure your slogan isn’t already registered.
Application - File an application with IP Australia, specifying the slogan and the goods/services it relates to.
Examination - IP Australia examines your application to check compliance with trademark law.
Publication - If accepted, your slogan will be published in the Australian Official Journal of Trade Marks for opposition.
Registration - If no opposition is filed, your slogan is officially registered and protected for 10 years, with the option for renewal.
Common Issues With Trademarking Slogans
Even if a slogan is creative, some issues may prevent registration, such as:
Descriptive language: “Fresh and Tasty” for a food business would likely be rejected.
Lack of distinctiveness: Generic terms do not function as trademarks.
Prior use: If another business is already using a similar slogan, your application may face opposition.
Businesses should carefully assess whether their slogan is distinctive enough before investing in trademark registration.
Alternatives to Trademark Protection
If your slogan cannot be trademarked, you may still have protection through other Intellectual Property Law mechanisms, including:
Copyright: In rare cases, original literary phrases may be protected.
Passing Off / Misleading Conduct: Even without a registered trademark, you may prevent others from using a slogan if it misleads consumers into thinking their business is yours.
Slogans can play a powerful role in brand identity, making them valuable assets worth protecting. Under Intellectual Property Law in Australia, slogans can be registered as trademarks if they meet the distinctiveness and originality requirements. By registering a slogan, businesses gain exclusive rights, legal protection, and long-term brand value.
At New South Lawyers, we understand how important brand protection is. Our team of Intellectual Property lawyers can guide you through the process of trademark registration, from conducting searches to filing applications and enforcing your rights. If you’re considering protecting your slogan,
