Can You Trademark a Slogan or Catchphrase in the UK?

A recent viral story in the US involving TikTok creator Jools Lebron and their catchphrase “very demure, very mindful” has sparked interest in the topic of trademarking slogans and catchphrases. While this story has attracted attention across the Atlantic, it raises an important question for UK businesses: Can you trademark a slogan or catchphrase in the UK, and how does this differ from US trademark law? 

UK Trademark Law: Protecting Your Slogan 

In the UK, the short answer is yes, you can trademark a slogan or catchphrase. However, the process is not as straightforward as you might think. The UK Intellectual Property Office (IPO) applies specific criteria to assess whether a slogan is eligible for trademark protection. 

We can break these requirements down into three Mutually Exclusive factors, which together are Collectively Exhaustive for determining eligibility: 

1. Distinctiveness

• What it is: A slogan must be distinctive enough to set your brand apart from competitors and identify the trade origin of the goods and services. 

• Why it matters: Generic or overly descriptive phrases are likely to be rejected as consumers cannot identify the single trade source from the phrase. 

• Example: A slogan like “Fresh Coffee Every Day” would not pass the distinctiveness test because in the minds of consumers, the phrase could reasonably used by any coffee shop and not a single trade source. 

2. Non-Descriptiveness

• What it is: The slogan should not simply describe the goods or services. 

• Why it matters: It must go beyond being a functional or promotional statement to serve as a brand identifier. 

• Example: A slogan like “Because You’re Worth It” (L’Oréal) does not describe beauty products directly, but it creates an emotional connection, making it distinctive. 

3. Commercial Use

• What it is: The slogan must be used, or intended to be used, in relation to specific goods or services in the marketplace. 

• Why it matters: If the slogan is not used in the course of trade, this is not regarded as trade mark use. 

• Example: Commercial use could include marketing materials, product packaging, or other uses of the slogan in connection with your business, however giveaways and free merchandise is not regarded as commercial use. 

Acquired Distinctiveness through Use 

In the United Kingdom, if you can evidence that you have educated consumers that the slogan you use is unique or identifiable to your business, then it is possible for inherently non-distinctive marks to have acquired distinctiveness through use. 

How Does This Differ from US Trademark Law? 

The Jools Lebron case provides an interesting comparison between the UK and US systems. In the US, the threshold for trademarking slogans is often lower than in the UK.  

The US Patent and Trademark Office (USPTO) tends to be more lenient, allowing slogans that might not pass the distinctiveness test in the UK. 

Here are the key differences: 

• US: Slogans that are more descriptive or common in everyday language may be granted trademarks in the US, as long as they are tied to a business or brand. 

• UK: The IPO is more stringent. It typically rejects slogans that are purely promotional, such as “Best Service in Town”, or commonly used phrases unless they have gained significant public recognition over time. 

 

Real-World Examples: What Makes a Slogan Eligible? 

To further clarify, we can categorise slogans based on their likelihood of being accepted for trademark protection in the UK: 

1. Successful Trademarks:

• Nike’s “Just Do It”: This slogan is not descriptive of any specific product or service, but it has become synonymous with the brand. 

• McDonald’s “I’m Lovin’ It”: The slogan transcends being a simple catchphrase and serves as a core part of the brand’s identity. 

2. Slogans Likely to Be Rejected:

• “Quality You Can Trust”: This phrase is common and lacks the distinctiveness required under UK law, making it difficult to trademark. 

• “Buy one, get one free”: This is a generic phrase that is used by most retailers in conjunction with promotional offers. 

 

Practical Advice: What to Do If You Have a Slogan Worth Protecting 

If you believe your slogan is distinctive and plays a key role in your brand identity, applying for a trademark in the UK is a sensible decision. To improve your chances of success, follow these steps: 

1. Ensure Distinctiveness

Avoid using descriptive or generic language. Your slogan should stand out and be unique to your brand. 

2. Establish a Commercial Link

Show that your slogan is linked to your goods or services in the marketplace. This could include evidence of marketing, packaging, or other uses of the slogan in connection with your business. 

3. Get Professional Help

Trademark law can be complex. A Chartered Trade Mark Attorney can offer valuable advice to ensure your slogan meets the legal requirements and has the best chance of being approved. 

 

Protecting a Slogan – Tennant IP Can Help You 

The Jools Lebron case in the US highlights the importance of protecting slogans through trademark registration. However, it also underlines the differences between UK and US law. In the UK, a successful trademark application requires the slogan to be: 

• Distinctive 

• Non-Descriptive 

• Used commercially 

• Have acquired distinctiveness through use. 

While the process can be challenging, a strong and unique slogan can become a valuable asset to your brand’s identity. 

If you’re considering trademarking a slogan or have any questions about protecting your intellectual property, please get in touch with us at Tennant IP. As Chartered Trade Mark Attorneys, we’re here to help UK businesses protect their brands and navigate the complexities of trademark law. 

#UKTrademarkLaw #BrandProtection #SloganTrademark #IPLaw #BusinessBranding