Is it possible to trademark or copyright a slogan

I'm a voice artist looking to potentially register a slogan. The Trademark DB says I'm clean to file. I'm concerned that a simple but unused slogan will be disallowed as a trademark. Would I be wasting my time filling out the forms and giving our government needless funds or is this worthwhile.

I encourage your thoughts and thank you in advance for them.
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Why would an ambulance chaser even think of answering an IP question? Regards, Steve, former member DC & Pennsylvania bars. Gotcha!
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Daniel Nathan Ballard

Daniel Nathan Ballard

Contributor Level 7
You need to understand a fundamental rule: A slogan is ONLY a slogan until someone uses it to indicate to consumers the source of a particular product or service. "Just Do It," for example, was simply the phrase "just do it" long before Nike began using the phrase to brand sporting equipment. Once Nike began using the phrase, it developed trademark rights in the phrase and so it now owns the exclusive right to use "Just Do It" to brand sporting equipment (and other products).

To repeat: There is NO legal protection for catchy slogans that are simply catchy slogans -- such as those that you see on bumper stickers.

Now, if you've come up with a slogan that you, in good faith, intend to use to brand your voice-over services or to sell some product, then there is a mechanism for you to seek legal protection for the phrase even before you begin using it in commerce. This mechanism has nothing to do with the TM symbol my colleagues have mentioned. IF you're already using the slogan to brand your voice-over services or to sell some product , then you should affix the TM symbol to the end of the slogan -- but only if you've had a trademark clearance search done first. For that you need to speak with a trademark attorney.

In short, a slogan is only a nifty turn of phrase free for all to use until someone adopts it to brand a product or service. And if you, in particular, have a need to brand a product or service then you have a need to speak with a trademark attorney.
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Additional Answers (3)

Dennis Michael Phillips

Dennis Michael Phillips

Contributor Level 7
If you don't think it's worth the hassle; but you want to put the world on notice that this slogan is important to you and claimed by you, then at the TM symbol to it. My understanding is that you don't even have to apply to register your slogan to affix the TM symbol to it. That gives you some limited protection and at least lays some groundwork if there is ever a challenge to the priority for the slogan down the road. I also understand that it might be possible to register in the state rather than applying federally; but this is all out of my field, so I don't have a lot of knowledge on this matter. However, you have prompted me to start using the TM myself. Thanks.

Dennis Phillips, Esq.
Florida personal injury and wrongful death claims. Negligence is no "accident" (TM). Learn your rights. www.inawreck.com
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Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Yes, it's posible to copyright a slogan, like e.g., Nike has done with "Just do it." Presumably since you describe yourself as a voice artist, you ahve in mind something that identifies you as the source of voice services.

You're best off hiring an IP lawyer to determine whether the slogan you have in mind is not being used for any class of goods or services that you're interested in and that you might expand into, and that nothing confusingly similar in look, sound, meaning, etc., is trademarked either, since that confusion will be grounds to disallow your proposed mark.

My colleague is right that you can use the "TM" symbol (but not the R in a circle) whether your mark is registered or not, but all this does is invite someone who's willing to go through the registration process, if they're so inclined, to get rights the mark in the hopes that you're not willing to.

Whether this is a waste of time and money is your call, and presumably depends on what you plan to do with the mark and how much value this mark currently has to you and what potential it has in the future.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Pamela Koslyn

Pamela Koslyn

Contributor Level 10
My bad, I meant trademark, not copyright, a slogan.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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