Have a catchy phrase that you want to protect? Whether you’re a small business owner, food producer, or ag entrepreneur, you might be wondering: Can I trademark a catchphrase?
The short answer is yes, as long as it meets certain criteria. Here’s what you need to know if you want to legally protect your catchphrase and use it as a branding tool.
What Is a Trademark?
A trademark is a word, phrase, symbol, or design that helps consumers identify and distinguish your goods or services from others. Think logos like the John Deere leaping deer, or phrases like:
- “Got Milk?” – Used by the California Milk Processor Board
- “Beef. It’s What’s for Dinner.” – Sponsored by the National Cattlemen’s Beef Association
- “Eat Mor Chikin” – Trademarked by Chick-fil-A
These aren’t just catchy, they’re legally protected trademarks because they point to a specific source and are used commercially.
Can You Trademark Any Catchphrase?
Not quite. For a catchphrase to qualify for federal trademark protection through the U.S. Patent and Trademark Office (USPTO), it must meet certain standards:
- It Must Be Used in Commerce
You can’t trademark a phrase just because you thought of it or slapped it on a t-shirt once. The phrase must be tied to goods or services you offer like a food product label, a marketing campaign, or merchandise.
- It Must Identify the Source
The catchphrase must clearly indicate that your product or service is the source. For example, if you label your jam jars with “Spread the Love,” and consumers associate that phrase with your brand, it could be protected.
- It Must Be Distinctive
Generic or descriptive phrases usually won’t make the cut. Phrases like “Farm Fresh Eggs” are too descriptive. But something more creative, like “Crack Open Happiness” for an egg brand, could work.
- It Can’t Just Be a Popular Saying
Common motivational or humorous sayings that people use in everyday speech like “Good Vibes Only” or “Farm Life is the Best Life” won’t qualify unless you’ve built strong brand association and commercial use over time.
Final Thoughts
You can trademark a catchphrase, but it needs to do more than sound good. It must serve as a brand identifier and be used in commerce. For food and ag businesses especially, a unique phrase can become a powerful part of your identity on shelves, in ads, or at the farmer’s market.
If you’ve got a phrase you believe in, consider protecting it early. Trademarks can become some of your brand’s most valuable assets. Want help evaluating whether your catchphrase can be trademarked? Let’s talk. Call Rincker Law today at (217) 774-1373.