Can You Copyright a Slogan? (Copyright vs. Trademark for Taglines)

No, you can't copyright a slogan. Copyright doesn't protect short phrases, and the Copyright Office specifically lists slogans among the things it won't register, regardless of how catchy or original they are. But here's the better news for most people asking: slogans are practically the textbook example of what trademark protects. A tagline that identifies your brand can be registered as a federal trademark — and that, not copyright, is how the famous advertising slogans you know are protected.

The one real hurdle is distinctiveness. A slogan only earns trademark protection if it actually functions as a brand identifier, not as a generic or purely descriptive phrase. Here's how the rules work and how to protect a tagline properly.

Why slogans aren't copyrightable

Copyright protects original works of authorship that contain at least a minimal amount of creative expression. A slogan — typically a handful of words — is too short to meet that bar. The Copyright Office's Circular 33 explicitly groups slogans with names and titles as uncopyrightable words and short phrases, noting they contain an insufficient amount of authorship. The Office expressly lists "catchwords, catchphrases, mottoes, slogans, or short advertising expressions" among the things it cannot register.

And as with all short phrases, cleverness doesn't change the outcome. A slogan can be witty, memorable, and entirely original, and still not be copyrightable, because copyright isn't asking "is this good?" — it's asking "is there enough authorship here to be a work?" For a few words of advertising copy, the answer is no. (We cover the general rule in our piece on whether you can copyright a phrase.)

So if your goal is to stop competitors from using your tagline, copyright won't do it. Trademark might.

Why trademark is the right tool for slogans

Trademark protects words, phrases, and symbols that identify the source of goods or services and distinguish them from competitors. A slogan is, by its nature, often doing exactly that — telling customers which brand is speaking. When a tagline becomes associated with a particular company's products, it functions as a trademark, and trademark law can protect it.

This is how the iconic slogans are protected. They aren't copyrighted; they're registered trademarks tied to specific goods and services. Federal registration with the U.S. Patent and Trademark Office (USPTO) gives the owner nationwide rights to stop others from using a confusingly similar slogan on similar products. That's a powerful, renewable, potentially perpetual protection — far more useful for a brand than copyright would be even if copyright were available.

The framework for choosing among these tools is laid out in our guide to copyright vs. trademark vs. patent, and the USPTO's own overview is the authoritative source.

The catch: your slogan has to be distinctive

Trademark protection for a slogan isn't automatic just because you came up with it. To be registrable and enforceable, a slogan generally has to be distinctive enough to identify your brand. Trademark law sorts marks along a spectrum of distinctiveness, and where your slogan falls determines whether it can be protected:

• Generic or purely descriptive slogans are the weakest. A tagline that just describes the product or service ("we sell quality furniture") or states a common, laudatory sentiment is hard or impossible to register, because it doesn't point to a single source — competitors need to use those words too.
• Descriptive slogans that have acquired "secondary meaning" can be protected once the public has come to associate the phrase specifically with your brand through long, consistent use. This takes time and evidence.
• Suggestive, arbitrary, or fanciful slogans are the strongest — phrases that don't merely describe the product but require some imagination to connect to it, or that are inherently distinctive. These can be registered more readily because they naturally function as brand identifiers.

So the slogan most likely to be protectable is one that's distinctive and clearly tied to your brand, not a generic phrase anyone in your industry would use. If your tagline is essentially a description of what you do, expect trademark protection to be difficult.

There's also a "failure to function" issue the USPTO applies: a phrase that consumers would perceive merely as an informational or common message — rather than as a brand — can be refused even if it's distinctive on paper. The phrase has to be used and perceived as a source identifier.

How to protect a slogan

If you have a tagline worth protecting, here's the path:

1. Confirm it functions as a brand identifier. Make sure the slogan points to your company as the source of goods or services, and that you're using it that way in your marketing — not just as a one-off line.
2. Search the USPTO database to check whether the slogan (or a confusingly similar one) is already registered or in use for related goods or services.
3. Use it consistently in commerce. Trademark rights grow from actual use of the mark with your products or services. Consistent use strengthens both your common-law rights and any registration.
4. File for federal registration with the USPTO, identifying the specific goods or services the slogan is used with. This gives you nationwide rights and the strongest enforcement position.
5. Pair it with protectable creative assets. While the slogan's words aren't copyrightable, original artwork, ad campaigns, jingles, and videos built around it can be copyrighted, so the creative material surrounding your tagline has its own protection.

What you can't do

A few realistic limits, so you don't over-rely on slogan protection:

• You can't stop everyone from using common phrases. If your "slogan" is ordinary language or a widely used sentiment, neither copyright nor trademark will give you exclusivity — those words stay free for all.
• You can't protect a slogan that's purely ornamental. A phrase used merely as decoration (across the front of a t-shirt, say) often isn't functioning as a trademark, which is why slogan merchandise is so freely copied. See our discussion of phrases on merchandise in the phrase guide.
• You can't get protection without use (or intent to use). Trademark rights are grounded in using the mark in commerce; you can't lock up a slogan you've merely thought of and never deployed, though an "intent to use" application can reserve a spot.

The bottom line: copyright is the wrong question for a slogan, but the right question — trademark — usually has a good answer, as long as your tagline is distinctive and genuinely brands your business.

Frequently asked questions

Can I copyright my company's slogan or tagline?

No. Copyright doesn't protect slogans or taglines — they're short phrases, which the Copyright Office categorically won't register, no matter how original. To protect a tagline, use trademark: if the slogan identifies your brand, you can register it federally with the USPTO and stop competitors from using a confusingly similar slogan on related goods or services. That's how famous advertising slogans are protected — through trademark, not copyright.

How do I trademark a slogan?

First confirm the slogan actually functions as a brand identifier (points to your company as the source) and is distinctive rather than purely descriptive. Search the USPTO database to make sure it's available, use it consistently in commerce with your goods or services, and file an application for federal trademark registration identifying those goods or services. A distinctive, consistently used slogan is far easier to register than a generic or descriptive phrase, which the USPTO may refuse for failing to function as a trademark.

Why can't I protect my slogan if it's original?

Because copyright protection isn't based on whether a phrase is original — it's based on whether there's enough authorship to make a protectable work, and a slogan is too short to qualify, however clever. And trademark isn't based on originality either; it's based on whether the phrase distinctively identifies your brand. A purely descriptive or common slogan may be original to you but still won't be protectable, because competitors need those words too. Distinctiveness and brand function, not originality, are what unlock trademark protection.

This page is part of our "what can you copyright" series; see also whether you can copyright a phrase, a name, or a title, and the framework in copyright vs. trademark vs. patent. The official rule is in the U.S. Copyright Office's Circular 33.