How to trade mark a slogan in Australia

A slogan trade mark protects a distinctive phrase that identifies your brand. The challenge is proving the slogan functions as a trade mark, not just advertising copy.

Ready to get started?

What is a slogan trade mark?

A slogan trade mark is usually filed as a word mark. It protects a phrase, tagline, or short expression that customers associate with one trader.

Not every marketing line can be registered. A phrase that simply praises the product or describes a benefit may be treated as promotional language rather than a trade mark. Distinctive, unusual, or consistently used slogans have a better chance.

Examples

A tagline used consistently under your brand name across packaging, ads, and your website
A campaign phrase that has become a long-term brand asset, not just a short promotion
A distinctive product line phrase that customers use to identify the source of the product

When to use a slogan trade mark

The phrase has real brand value

If customers recognise the slogan and competitors would gain an advantage by copying it, registration is worth considering. The slogan should be more than generic praise.

The slogan will run for years

Trade mark protection makes most sense for a phrase you intend to use consistently. Short campaign lines that will disappear after a few months are usually lower priority.

You already protect the core brand

For most businesses, the brand name comes first. A slogan filing is usually a second-layer filing once the house brand or product name is protected.

How to register a slogan trade mark

Check whether it functions as a trade mark

We look at whether the slogan identifies your business or merely describes a product benefit. This is the key question for slogan applications.

Search for similar phrases

Slogans can be deceptively similar even when they are not identical. We search for similar wording, concepts, and existing marks in relevant classes.

Choose the right classes

The slogan should cover the goods and services it is used for, not every area where the business operates. This keeps the filing focused and easier to defend.

File and manage examination

If IP Australia objects that the slogan is not distinctive, evidence of use or argument may be needed. We explain that risk before filing.

Common pitfalls

Trying to monopolise ordinary advertising language

Phrases like "quality you can trust" or "fresh every day" are hard to register because other traders may legitimately need to use them.

Filing before the brand strategy is settled

Slogans change often. If the phrase is still being tested, it may be better to wait until you know it will be used consistently.

Ignoring similar concepts

A slogan can conflict with an existing mark even if the wording is not identical. Similar meaning and overall impression matter.

Assuming copyright is enough

Copyright may protect some creative expression, but it does not give the same brand enforcement position as a registered trade mark.

Cost and timeline

Filing a slogan trade mark costs the same as any standard trade mark application. Our online filing tool starts from $799 for one class, including government fees and GST, with additional classes at $689 each. For complex situations, our lawyer-led service provides a fixed-fee quote. The process typically takes 7 to 8 months from filing to registration if no objections or oppositions arise.

See pricing and what's included

Frequently asked questions

Can a slogan be registered as a trade mark?

Yes, if it is distinctive and functions as a trade mark. The slogan needs to identify your goods or services, not merely describe them or promote them in ordinary advertising language.

Should I trade mark my slogan or my brand name first?

Usually the brand name first. A slogan can be valuable, but the name is normally the core asset customers use to find and refer to your business.

How much does it cost to trade mark a slogan?

Through our online filing service, filing a slogan trade mark starts from $799 for one class, including government fees and GST. Each additional class is $689. For complex applications, our lawyer-led trade mark application service provides a fixed-fee quote before work starts.

Can I register a slogan I have not used yet?

You can file based on a genuine intention to use the slogan. If distinctiveness is borderline, actual use may become important if IP Australia raises an objection.

What makes a slogan hard to register?

A slogan is harder to register if it is descriptive, laudatory, common in the industry, or something other traders are likely to need. The more distinctive and source-identifying it is, the better.