How To Trademark A Phrase Or Slogan: A Legal Guide For UK Businesses

If you’ve thought up a catchy phrase or slogan for your business, you’re not alone. A memorable slogan can become a valuable asset, setting you apart from your competitors and sticking in your customers’ minds. But with competition tighter than ever, protecting your brand’s unique expressions is essential-especially if you want to stop others from copying your idea.

That leads many business owners to wonder: Can you trademark a phrase or slogan in the UK? If so, how do you actually go about it-and what legal pitfalls should you watch out for?

In this guide, we’ll break down how to trademark a phrase in plain English, including what actually qualifies for protection, and the key steps you’ll need to take. Whether you’re launching a new business, expanding your product line, or just want to safeguard your marketing investment, read on to get started the right way.

What Is A Trademark - And Can You Trademark A Phrase?

Let’s start with the basics. A trademark is a sign that distinguishes your goods and services from those of other businesses. In the UK, your trademark could be a word, logo, symbol, colour, or yes-a slogan or distinctive phrase, as long as it meets certain legal criteria.

So, can you trademark a phrase? In most cases, yes. Many of the UK’s most well-known slogans-from supermarket jingles to tech taglines-are protected by trademark registration.

However, there are rules about what can and cannot be registered as a trademark. For phrases, your slogan must:

• Be distinctive (not just descriptive of your goods or services)
• Not be a generic or common phrase that anyone might use
• Not be offensive or break the law in any way
• Not conflict with existing registered trade marks

If your slogan is something like “The Best Coffee in London,” you’ll likely be refused because it’s too descriptive and non-distinctive. But a creative and unique phrase that helps customers recall your business can often be protected.

For a detailed breakdown of what counts as intellectual property, including the differences between trade marks, copyright, and design rights, check out our Complete Guide to Categories of Intellectual Property Rights in the UK.

Trademark vs Copyright: Can You Copyright A Phrase?

This is a common source of confusion. Many business owners ask whether they can copyright a phrase instead of (or as well as) trademarking it. Here’s the short answer:

• Copyright: Sometimes applies to original literary works, but short words and phrases-like brand names and slogans-typically are not protected by copyright law.
• Trade marks: The main legal route to protect a slogan, catchphrase, or tagline connected to your goods or services.

This means if you want exclusive rights to use a creative phrase for your business, a trade mark is the route to go (not copyright).

Should I Trademark My Slogan Or Phrase?

Registering your slogan as a trade mark isn’t required, but it gives you major advantages, including:

• The exclusive right to use the phrase for your goods/services in your chosen UK classes
• The ability to stop others from using, copying, or registering a similar phrase for similar products
• Boosting your brand value and credibility, making your business more attractive to investors, partners, or buyers
• Clear proof of your rights-which makes enforcement in court or disputes far easier

Unregistered slogans (even if you use them for years) are tough to protect. You can try to claim “passing off” if someone copies you, but it’s a longer, riskier, and more expensive battle. So, if your phrase is important to your brand, consider registering early.

For a step-by-step on how to protect all aspects of your business’s creative work-from phrases to designs and more-read our expert guide on how to protect your ideas or copyright.

How To Trademark A Phrase In The UK: Step-By-Step

Ready to secure your slogan? Here’s a concise guide through the process:

1. Check If Your Phrase Is Eligible

• Is it distinctive enough (not merely “descriptive”)?
• Is it unique-no other business already using or registered it?
• Does it pass legal checks (e.g. not offensive, not misleading, not generic)?

If you’re unsure, speaking to a trade mark expert can help you avoid wasting application fees.

2. Conduct A Trademark Search

Before getting too excited, make sure nobody else has registered or is using a similar phrase for the same goods/services. The UK IPO search tool lets you check trade marks by word or phrase.

It’s smart to search not just your exact phrase, but also common variations or mis-spellings.

If you spot potential conflicts, don’t panic-sometimes it’s still possible to register with the right legal argument or in a different class.

Learn more about trademark class choices and searching in our UK trade mark class guide.

3. Decide Which Classes To Register In

The UK uses an international “class” system to categorise goods and services. You’ll need to pick the right class (or classes) to ensure your trademark covers all your current-and possibly future-activities.

For example, if you’re selling clothing, it’s Class 25; for coffee shops, Class 43; for online services, it might be Class 35 or 42.

This step is crucial-get it wrong and you might not be protected where it matters (or might have to reapply for more classes later).

4. Prepare Your Application

• Spell your phrase exactly as you want it protected (including capitals, punctuation, and unique style if applicable)
• State the classes (and goods/services descriptions)
• Gather owner details (individual or company name)
• You can apply online through the UK IPO website

Filing fees vary, but start from £170 for one class. This is non-refundable if you’re rejected-so it’s wise to double-check all details.

5. UKIPO Examination And Publication

Your application will be examined. The IPO checks if your phrase is registerable and searches for conflicts.

If there are objections, you may need to reply or amend your application. The IPO then publishes your application for opposition-giving others a window to challenge it.

If nobody successfully objects (and you’ve addressed any examiner questions), your trademark will be registered-typically within four months.

6. Keep Your Trademark Registered And Enforced

A UK trade mark lasts for 10 years (and can be renewed indefinitely, for further 10-year periods).

It’s up to you to monitor competitors or new businesses to make sure nobody copies your phrase. If you do run into infringement issues, having your trade mark registered makes enforcement far easier.

Read our practical guide to enforcing copyright and trade mark law for how to respond if someone uses your slogan.

What If My Trademark Phrase Is Rejected?

If the IPO thinks your phrase is too general, descriptive, or similar to another existing mark, they may reject your application.

You’ll receive feedback outlining why, and may have a chance to submit arguments or amendments. Sometimes, tweaking your application (such as refining your goods/services list) is enough to overcome the objection.

However, more serious conflicts or non-distinctiveness are difficult to overcome. A specialist solicitor can help review your options, assess the risks, or advise if a rebrand is needed.

What Legal Issues Should I Watch Out For With Trademarks?

Registering a phrase or slogan helps-but it’s not bulletproof protection. Make sure you:

• Keep your trademark “in use” for your goods/services (or risk losing it)
• Renew the registration every 10 years
• Take action if others infringe or misuse your phrase
• Avoid using your ™ symbol until the registration is granted (otherwise, use ® if you’re registered, or ™ if it’s unregistered but claimed)

If you market internationally, consider registration in other countries as well-the UK registration does not automatically protect you abroad.

Thinking about protecting your brand identity across words, logos, images, and more? Our guide to main types of IP protection in the UK is a must-read for founders and marketers alike.

Common Questions About Trademarks: Slogans, Phrases, And Branding

Can I Just Use A Slogan Without Registering It?

You can use any slogan you like, but if someone else registers it as a trade mark before you, you risk having to change your branding-or even facing a legal challenge if they claim you’ve copied them. Unregistered use also means limited rights if someone copies your catchphrase.

What Happens If Two Businesses Register Similar Slogans?

If your phrase is similar (in words, appearance, or meaning) to an existing mark in the same class, there’s usually a good chance your application will be opposed or refused. If you each operate in totally unrelated areas (e.g. “Just Do It” for trainers vs a car repair service), there’s sometimes space for coexistence.

What If Someone Overseas Copies My Registered UK Slogan?

Your UK trade mark protects your brand in the UK only. For overseas use, you’ll need to look at international trade mark routes, such as the Madrid Protocol, or apply separately in each country. Our guide to registering an international trade mark explains your options.

Other Ways To Protect Marketing Slogans And Phrases

Besides trade marks, you can build your brand protection in other ways, including:

• Contracts with staff and contractors, to ensure any slogans they create are owned by your business (get advice on IP with independent contractors)
• Non-disclosure agreements, if you’re sharing a new catchphrase with outsiders before launch
• Taking action under “passing off” if someone directly copies your identity (though this is harder to prove than a registered trade mark)

Remember, a solid set of contracts and trade mark registrations makes it much easier to stop misuse or confusion around your brand-so it’s worth setting up those legal foundations early.

How Much Does It Cost To Trademark A Phrase?

The basic fee to apply for a single class is currently £170, with £50 for each additional class (as of June 2024). If you use legal support to prepare and file your application, expect extra costs-but you can save money (and a lot of time) by getting it right the first time. Small mistakes can mean expensive reapplications later.

Our trademark registration cost guide breaks down typical charges and tips for keeping your expenses under control.

Key Takeaways

• A trade mark registration is the best way to protect a unique phrase or slogan for your business in the UK.
• Not all slogans can be registered-you’ll need to make sure yours is distinctive, non-generic, and not already taken.
• The process includes checking for conflicts, picking trade mark classes, and applying through the UK IPO.
• Copyright does not usually protect single phrases-trade marks are the right legal route.
• Your registered trade mark lasts 10 years and can be renewed; keep it in active use and monitor for infringement.
• Consider other protections, like contracts and non-disclosure agreements, to safeguard your brand assets.
• Get specialist advice to avoid common pitfalls and set up your intellectual property foundations for long-term growth.

If you need help registering a trade mark, checking whether your slogan is eligible, or protecting your brand, we’re here to help. Contact us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.