You can register a phrase or slogan with the USPTO if buyers see it as the name of your brand, the way they see JUST DO IT as Nike. The USPTO refuses phrases that read as a common message, such as a motto or a political statement, and phrases printed large across the front of a shirt. Learning how to trademark a phrase comes down to picking a phrase that can work as a brand, using it where a brand name goes, and filing an application that shows that use.
What Makes a Phrase or Slogan Registrable
Federal law defines a trademark as any word, name, symbol, or device, or any combination of them, that identifies and distinguishes your goods from those sold by others. A phrase is a combination of words, so it qualifies on the same terms as a brand name.
The USPTO asks one question: will buyers read the phrase as a sign of who made the product, or as a message? A phrase passes when it is distinctive for your goods or services and you put it where people expect a brand: on labels, tags, packaging, the top of a website, or the sign over a door.
Phrases that do well have some of these traits:
- They are unusual word combinations that nobody else uses for similar products.
- They suggest something about the product without describing it outright.
- They appear consistently alongside your products, in the same wording.
A slogan that only praises the product, such as “the best coffee in town,” runs into a different refusal. Federal law bars registration of marks that are merely descriptive, which means they describe a feature, quality, or purpose of the goods. A descriptive phrase can still register on the Principal Register once it gains acquired distinctiveness, meaning buyers have come to link it with you. The law treats five years of substantially exclusive and continuous use as evidence of that.
Why Common Phrases Get Refused
The USPTO refuses widely used messages because a phrase that many people already say cannot point to one seller. The refusal is called a failure to function refusal: the examiner, the USPTO attorney who reviews your application, decides the phrase does not work as a trademark at all.
The TMEP, the manual examiners follow, defines widely used messages as slogans, terms, and phrases that various parties use to convey ordinary or familiar concepts or sentiments, plus social, political, religious, and similar messages in common use. The more often a phrase shows up in everyday speech or on other people’s products, the less likely buyers are to see it as a brand.
Examiners look for evidence of that common use in news stories, social media, and third-party products. The Federal Circuit and the Trademark Trial and Appeal Board (TTAB) have ruled against phrases such as these:
| Phrase | Decision | What the tribunal found |
|---|---|---|
| EVERYBODY VS RACISM | In re GO & Associates, LLC (Fed. Cir. 2024) | The phrase was in wide use by others, including a sports league and on clothing, to express opposition to racism |
| ONCE A MARINE, ALWAYS A MARINE | In re Eagle Crest, Inc. (TTAB 2010) | Buyers would read the phrase on clothing as a common military motto |
| GOD BLESS THE USA | In re Greenwood (TTAB 2020) | A widely used patriotic message |
| I ♥ DC | D.C. One Wholesaler, Inc. v. Chien (TTAB 2016) | The phrase appeared on merchandise from many sources and conveyed enthusiasm for the city |
A widely used message refusal is hard to beat, because the TMEP says an applicant cannot overcome it by moving the application to the Supplemental Register (a secondary register for marks that are not yet distinctive) or by claiming acquired distinctiveness. Your remaining option is to argue that the evidence is wrong and buyers do see the phrase as your brand. If that argument fails, the phrase cannot be registered for those goods.
Before you file, search the phrase on social media, marketplaces, and print-on-demand sites. If you find it on other people’s shirts, mugs, and posts, expect a refusal. A full trademark clearance search checks for registered marks that could block you as well.
Ornamental Refusals: Phrases on T-Shirts and Merchandise
You can trademark a phrase that you sell on T-shirts, but a phrase that is only the design on the shirt will be refused as ornamental. An ornamental refusal means the USPTO sees the phrase as decoration that people buy for its look or message, not as a brand.
The TMEP tells examiners to weigh the size, location, and dominance of the phrase on the goods. A small, neat word or design over the pocket or breast of a shirt tends to read as a trademark. A large version of the same phrase across the front of a shirt or tote bag tends to read as decoration.
To avoid the refusal, put the phrase where clothing brands go and photograph that use for your application:
- A label sewn into the neck or seam
- A hangtag attached to the garment
- Packaging for the goods
- A small logo placement on the chest or pocket
If you already have an ornamental refusal, the USPTO lists these ways to respond:
| Option | What it involves |
|---|---|
| Substitute specimen | A new, verified photo that shows the phrase used as a brand, such as on a hangtag or label |
| Supplemental Register | Moving the application to the secondary register, which gives fewer legal benefits |
| Acquired distinctiveness | Evidence of long use, advertising, and sales that shows buyers link the phrase to you |
| Secondary source | Proof that you use the phrase as a brand on other goods or services, so buyers see the shirt as coming from that source |
| Change to intent to use | Switching the filing basis and submitting a proper specimen later in the process |
A common message printed across the front of shirts can draw both refusals, and fixing the ornamental one leaves the other in place.
How to Trademark a Phrase: Filing the Application
The filing steps for a phrase match the steps for a name, and the guide on how to trademark a business name walks through each screen in detail.
- Search the phrase in USPTO records and online to confirm nobody else uses it, or anything close to it, for related products.
- Choose a standard character drawing, which is the phrase in plain text with no font, color, or design. The USPTO says this usually gives the broadest protection, because it covers the words in any style.
- Pick the classes for your goods or services. A slogan for apparel goes in a different class than the same slogan for a coffee shop. The guide to trademark classes explains how to choose.
- Choose a filing basis. File based on use in commerce if you already sell products with the phrase on them, or intent to use if you plan to start.
- Upload a specimen, which is proof of how you use the phrase. For clothing, the USPTO gives the example of a photo of the phrase on a label or hangtag attached to the goods.
- File in Trademark Center, the USPTO’s online filing system, and pay the fee for each class. The breakdown of government fees and total budgets is in the guide to how much it costs to trademark a name.
After filing, an examiner reviews the application. If the examiner issues a failure to function or ornamental refusal, you get a letter called an office action and a deadline to answer. The article on how to respond to a trademark office action explains the response process.
Phrase vs. Word: Trademarking a Single Word
You can trademark a single word. The process is the same as for a phrase, and the same tests apply: the word has to identify your goods and not simply describe them.
Words and phrases fall on the same scale of strength:
| Type | Example for a bakery | Registrable? |
|---|---|---|
| Generic (the common name of the product) | BREAD | No |
| Descriptive (describes a quality or feature) | FRESH BAKED | Only after acquired distinctiveness, or on the Supplemental Register |
| Suggestive (hints at the product) | RISE & SHINE | Yes |
| Arbitrary (a real word unrelated to the product) | GRANITE | Yes |
| Fanciful (an invented word) | ZORBLY | Yes |
A single word can also fail as a widely used message when people use it as an everyday expression, especially on goods that simply display it.
A registration covers the goods and services it lists and related products that buyers could confuse with them. Registering a word for candles usually does not stop someone from using it for tires.
Examples of Registered Slogans
These well-known slogans are registered with the USPTO.
| Slogan | Owner | Example US registration |
|---|---|---|
| JUST DO IT | Nike, Inc. | Reg. No. 1,875,307 |
| I’M LOVIN’ IT | McDonald’s Corporation | Reg. No. 2,978,887 |
| THE ULTIMATE DRIVING MACHINE | Bayerische Motoren Werke AG (BMW) | Reg. No. 1,240,182, for automobiles |
None of these slogans states a common sentiment that many sellers share, and each has been tied to one company for more than 20 years. You can look up any registration by its number in the USPTO trademark search system.
If your search turns up heavy use by others, or if your only use is large print on merchandise, change the phrase or the way you use it before you pay a filing fee.