Yes, you can trademark a slogan or tagline in the UK, as long as it is distinctive. In trademark terms, distinctive means that customers would read the phrase as a sign of who the goods or services come from, rather than as a general promotional line any business might use. The UK Intellectual Property Office (IPO) applies the same basic test to a slogan trademark as it does to any other word mark, but the courts have accepted that distinctiveness can be harder to show for a slogan, because so many of them describe or praise the product instead of identifying the business behind it.
So the honest answer is yes, with a condition attached. Below I have set out how the IPO decides, what the leading cases say, and the steps and timeframes for trying to trademark a slogan of your own, which is the same process we follow when we file one through our UK trademark registration service.
Why is a tagline like “I’m lovin’ it” worth protecting?
Because a good tagline lodges in the memory and calls the whole brand to mind. In June we posted on The Trademark Helpline’s LinkedIn page about McDonald’s “I’m lovin’ it”, and as the post said, you probably read that in the rhythm of the jingle. The post made a second point that is easy to skip over. A tagline is only protectable if it is distinctive enough, and generic, descriptive or purely promotional phrases tend to be refused because anyone ought to be able to use them.
What makes a slogan distinctive enough to trademark?
The IPO sets out its approach in the slogans section of its Manual of Trade Marks Practice, the guide its examiners work from. The core question is whether the phrase can work as a badge of origin, meaning a sign that tells customers “this comes from one particular business”. GOV.UK gives a simple example of what fails: a statement like “we lead the way” is too common and non-distinctive to register.
Slogans that describe the product
If a slogan simply describes the goods or services in plain language, it is likely to be refused under section 3(1)(b) and (c) of the Trade Marks Act 1994, which rule out marks with no distinctive character and marks that only describe the product. The Manual’s example is “NEVER CLEAN YOUR SHOWER AGAIN” for cleaning preparations, which states the intended purpose of the goods. It also notes that the claim does not need to be literally true to be descriptive, because customers expect some exaggeration in advertising.
Slogans that could belong to anyone
A slogan can avoid being descriptive and still be refused if it is the kind of thing any business in the trade might say. The Manual lists several types that usually fail:
- Purely promotional phrases, such as “Simply the best” or “The natural choice”.
- Value statements that could apply to any business, such as “CARING FOR THE PLANET”.
- Customer service statements, such as “PUTTING CUSTOMERS FIRST”.
- Motivational statements, such as “GO FOR IT” for training courses.
Slogans that are more likely to be accepted
The Manual also lists slogans the IPO has accepted and the reasons why. “GET BETTER LOOKING” for opticians was accepted as a play on words. “FROM THOUGHT TO FINISH” was accepted because it twists the familiar phrase “from start to finish” rather than describing anything. “CATCH A WRINKLE IN TIME” for cosmetics is given as an example of an original, imaginative slogan. Wordplay, ambiguity and an unexpected angle all help.
Slogans printed on clothing
Clothing needs extra care. The Manual explains that phrases printed across the front of a T-shirt are often seen as decoration or a personal statement by the wearer, not as a sign of who made the garment. The Manual says each case is judged on its merits, and in some cases the IPO may give the applicant a chance to show how they intend to use the phrase as a trademark, for example on labels and swing tags rather than only as a print.
What do the leading cases say about slogans?
They say a slogan is judged by the same standard as any other mark, and that being promotional or laudatory is not, on its own, a reason to refuse it. The Manual names two main judgments from the Court of Justice of the European Union on slogan marks, and they still shape UK practice.
The first is Audi AG v OHIM (C-398/08 P), decided on 21 January 2010, about Audi’s slogan “Vorsprung durch Technik”. The court held that slogans are not subject to stricter criteria than other marks, and that a phrase being promotional or laudatory is not, on its own, enough to refuse it. It found the slogan needed some interpretation and had “a certain originality and resonance which makes it easy to remember”. Originality is not a legal requirement, but the court said that as a rule it helps.
The second is OHIM v Erpo Möbelwerk (C-64/02 P), on “The Principles of Comfort”, which the Audi judgment builds on. A third case matters for well-known slogans. In Société des produits Nestlé SA v Mars UK Ltd (C-353/03), Nestlé had applied in the UK to register HAVE A BREAK on its own, and the application was refused after Mars opposed it. On 7 July 2005 the Court of Justice ruled that a mark can acquire distinctiveness through use as part of, or alongside, another registered mark, here the longer HAVE A BREAK … HAVE A KIT KAT. It was then for the Court of Appeal in England to apply that ruling to Nestlé’s application.
Can a slogan become registrable through use?
Yes. Section 3(1) of the Trade Marks Act 1994 allows a mark that would otherwise be refused to register if, before the application date, it has acquired distinctive character through the use made of it. In plain terms, if enough customers already link the phrase to your business, it can be registered even though it would not have passed on its own merits.
This is where evidence does the work. The Manual says evidence of use has to show when the mark was first used, only use before the filing date counts, and exhibits such as brochures, advertisements and invoices need to be dated. That makes the date on every exhibit important, because undated material is hard to rely on. We have written more about how acquired distinctiveness can help you register a trademark.
Can a registered slogan be challenged later?
Yes. A registered slogan can still be challenged later. Oatly registered POST MILK GENERATION in April 2021, and Dairy UK applied to have it declared invalid that November. On 11 February 2026 the Supreme Court dismissed Oatly’s final appeal in Dairy UK Ltd v Oatly AB [2026] UKSC 4, leaving the registration invalid for oat-based food and drink. That decision turned on the rules restricting the word “milk” to dairy products, not on distinctiveness, which is a reminder that a slogan has to clear every ground, not just the obvious one. If you need to challenge a registered mark, or defend your own, our trademark invalidation service covers the forms, the evidence and the strategy. Our write-up of the Oatly Supreme Court decision covers it in more detail.
How do you run a slogan trademark search?
Search the UK register for the exact wording of your slogan and for close variations, then check the results against the goods or services you plan to cover. The IPO’s online trademark search lets you search by keyword or phrase, and our free trademark search gives an instant first look at UK word marks.
An earlier mark does not have to match the whole phrase to cause a problem, so it is worth searching the most memorable words on their own as well as the full slogan. A search takes minutes. An objection or an opposition can add months.
How do you trademark a slogan in the UK, step by step?
You test it, search it, file it with the IPO, then wait for examination and publication. If there are no issues, it usually takes around 3 to 4 months.
- Test it before you commit, ideally before launch. Read the slogan the way a stranger would. If it describes the product, praises it in general terms, or could sit on a competitor’s website without anyone noticing, expect an objection.
- Search for earlier marks. A slogan can be refused or opposed if it clashes with someone else’s mark, so check the register before you file.
- File the application. A slogan is usually filed as a word mark, separately from your name or logo. The official UK IPO fee starts from £205 for one class, and registration lasts 10 years before renewal.
- Examination, about 2 to 3 weeks. The IPO usually sends its examination report within 2 to 3 weeks. If it objects, you have 2 months to respond, which can include arguing the point or filing evidence of acquired distinctiveness.
- Publication, 2 months. Once accepted, the application is published and anyone can oppose it for 2 months, extendable to 3 by someone who files a notice of threatened opposition.
- Registration, around 3 to 4 months in total. If there are no issues, GOV.UK says it usually takes around 3 to 4 months from application to registration.
A UK registration covers the UK and the Isle of Man only. If you use the slogan in other countries, each one needs its own protection.
How can we help with your slogan?
Before filing, our trademark consultation and clearance audit checks whether your slogan is distinctive enough to register and whether anything already on the register could get in the way. Clearance audits start from £99, and consultation is free for new clients. Where a slogan looks likely to struggle, we would rather say so before you spend the fee than after.
If you have a name, logo or tagline in mind, start with a free trademark search, book a free call, email enquiries@thetrademarkhelpline.com or ring us on 0161 833 5400 to talk it through.
Related questions
- What happens if someone copies my logo? Can I sue?
- What are trademark classes, and which ones do I need?
- Can I register a trademark myself, or do I need an attorney?
This article is for information purposes only and does not constitute trademark advice or guidance. Last reviewed 25 September 2026. First shared as a LinkedIn post.
Questions about this
What makes a slogan distinctive enough to register in the UK?
It has to work as a badge of origin, meaning customers read it as a sign of which business the goods or services come from, not just as advertising. Slogans that describe the product, such as NEVER CLEAN YOUR SHOWER AGAIN for cleaning products, are likely to be refused, as are purely promotional, value or customer service lines. Wordplay, ambiguity and an unexpected twist, like FROM THOUGHT TO FINISH, help a slogan get accepted.
Answered by Laura Spencer, ParalegalWhat did the Audi Vorsprung durch Technik case decide about slogans?
In Audi AG v OHIM, decided on 21 January 2010, the Court of Justice of the European Union held that slogans are not subject to stricter criteria than other trademarks. A phrase being promotional or laudatory is not, on its own, a reason to refuse it. The court found Audi’s slogan needed some interpretation and had an originality and resonance that made it easy to remember, and said originality, while not required, generally helps.
Answered by Laura Spencer, ParalegalCan I trademark a slogan printed on T-shirts?
It is harder than for most goods. The IPO’s examination manual explains that phrases printed across the front of a T-shirt are often seen as decoration or a personal statement by the wearer, rather than a sign of who made the garment. Each case is judged on its merits, and the IPO may give an applicant the chance to show how the phrase will be used as a trademark, for example on labels and swing tags.
Answered by Laura Spencer, Paralegal
