Registering Slogans in the United States Published: April 21, 2021
Elizabeth Stafki Pirkey Barber PLLC Austin, Texas, USA INTA Bulletins North America Subcommittee
Slogans can be highly effective promotional tools. By design, they are attention-grabbing and punchy. They may convey information about goods or services or make a claim that the goods or services are the best that money can buy. However, some of the same elements that make slogans attractive to brand owners can also render them unregistrable.
This article examines some of the most common grounds for refusal of registration for slogans in the United States and proposes tips for avoiding them, especially at
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[co-author: Kevin Britton]
One of the many reasons the year 2020 will be memorable is for the social justice movements and demonstrations that have inspired a flood of new trademark applications with the U.S. Patent and Trademark Office.
A recent search of the USPTO database revealed that there are 77 pending or dead applications for trademarks that include the phrase “Black Lives Matter.” Since the murder of George Floyd in late May 2020, over 50 new applications were filed for marks such as “BLACK LIVES MATTER MOVEMENT,” “BLACK LIVES MATTER HAND SANITIZER,” and “BLACK LIVES MATTER MOSCATO.”
This wave of “Black Lives Matter”-related trademark applications in 2020 is remarkable, given the USPTO’s previously articulated position regarding the registrability of trademarks using the phrase. Specifically, in 2018, the USPTO rejected the six applications containing the phrase “Black Lives Matter” that were filed by the originators of the movement. Founded by A