Protecting Slogans as Trademarks: Guidelines - Ep 14

What this episode covers

Protecting Slogans & Taglines: When Words Become Trade Marks Many of the world’s most memorable brands are built around short phrases. Think “Just Do It”, “Because You’re Worth It”, or “I’m Lovin’ It.” But can businesses actually protect slogans and taglines as trade marks? In this episode of Elise Explains IP, Elise unpacks how trade mark law treats slogans, why many applications fail, and what businesses should consider before investing heavily in a tagline. While slogans can become powerful brand assets, they are not automatically registrable. The key issue is whether the phrase functions as a distinctive brand identifier, rather than just advertising language. In This Episode We explore: Why slogans can become valuable intellectual property The legal test for distinctiveness under trade mark law Why many marketing phrases fail to qualify for protection The difference between advertising copy and trade mark use Examples of well-known slogans that function as trade marks Practical considerations for businesses developing taglines Key Takeaways Not all slogans can be protected.Trade mark law generally prevents businesses from monopolising common promotional language. Distinctiveness is critical.A slogan must identify the source of goods or services, not simply describe them. Descriptive phrases are difficult to register.Taglines such as “Best Quality” or “Simply Delicious” are usually considered marketing language rather than trade marks. Consistent use can build protection over time.If consumers come to associate a slogan with a particular business, it may acquire distinctiveness through use. Strategic branding helps.Businesses that create distinctive, memorable slogans from the outset often have a much easier path to trade mark protection. Examples Discussed Examples of slogans that function as trade marks include: Nike – “Just Do It” L’Oréal – “Because You’re Worth It” McDonald’s – “I’m Lovin’ It” Red Bull – “Red Bull Gives You Wings” These phrases work because they are memorable, distinctive, and strongly associated with a single brand. Why This Matters for Businesses A slogan can become one of the most recognisable elements of a brand. But if it isn’t capable of trade mark protection, competitors may be able to use similar phrases. Understanding how trade mark law treats slogans helps businesses: Invest in branding that can actually be protected Avoid adopting phrases that are too descriptive Build long-term brand value through distinctive messaging Related Resources IP Australia – Trade Marks Overviewhttps://www.ipaustralia.gov.au/trade-marks Trade Marks Act 1995 (Cth)https://www.legislation.gov.au/Details/C2017C00364  WIPO – What is a Trademark?https://www.wipo.int/trademarks/en/ My website https://elisesteegstra.com  About the Podcast Elise Explains IP breaks down intellectual property in practical, plain-English terms for business owners, professionals, and advisors. Each episode explores how IP works in the real world — and how businesses can use it strategically to protect brand value.