The short answer
A slogan can be a trademark if the public recognises it as identifying your business. A mere quality claim, product description or ordinary invitation to buy is generally insufficient. The complete wording must be considered alongside the goods and services, rather than judged only by its length or advertising success.
Assess the words without the campaign artwork
Write out the sentence without its logo, photograph or advertiser's name. Does it mainly describe a benefit, attractive price or familiar wish? Its eligibility then deserves closer examination. A sentence newly written by your agency is not necessarily distinctive under trademark law.
An unusual idea or a distinctive brand element can change the overall impression. There is no safe minimum number of creative words, however. Record which products the slogan will identify and how the intended audience understands it. The same statement can have different implications for different offerings.
Sources: IPI: Trade Mark Guidelines 2026 · Trade Mark Protection Act: Article 2
Separate a lasting signature from temporary advertising
Decide whether the sentence will remain on packaging and offers or simply support a seasonal promotion. This practical priority helps allocate your budget. Registration of the company name does not automatically amount to a separate application for a slogan used alongside it.
If you advertise in German, French and English, compare the versions actually used. A free translation may change both words and meaning. Plan an assessment of the specific versions. A presentation combining the slogan with a logo is also different from applying for the sentence on its own.
Sources: IPI: Trade Mark Guidelines 2026
Search similar wording before printing
Eligibility for registration and earlier rights are separate questions. The IPI does not search earlier trademarks for you. Search the full sentence and its distinctive components even if your team developed it independently. Concerning results need assessment in the context of the offerings involved.
Collect the final wording, translations, intended placements and existing search results in one document. Also clarify the uses agreed with your agency. The application can then be based on an approved version rather than an intermediate draft from a presentation.
Sources: IPI: Conflicts with earlier rights · IPI: Rights assignment and licensing
What you can do now
- Fix the wording and translations you will use long term.
- Distinguish descriptive messages from distinctive elements.
- Check earlier similar signs before launching the campaign.
Frequently asked questions
Does a rhyme make my slogan registrable?
Not automatically. A rhyming sentence may still communicate only an ordinary advertising message. The question remains whether the whole statement identifies commercial origin for the offerings claimed.
Sources: IPI: Trade Mark Guidelines 2026
Is a successful advertising campaign enough?
Success alone does not prove acquired distinctiveness. If protection through use is claimed for an initially non-distinctive sentence, the requirements and appropriate evidence concerning the relevant public must be assessed.
Sources: Trade Mark Protection Act: Article 2