Q: How do I trademark my slogan ?

A: Hello. In general, you obtain rights to a slogan by using the slogan in conjunction with the offering of some kind of products and/or services in commerce. If you are only using the slogan for commerce within a single state (like, for example, if you run a landscaping business and only do work around your area), then you would want to register the slogan as a mark with the appropriate state agency, which is usually a quick and fairly inexpensive process in most states.

If you are, or intend to, instead use the mark in interstate commerce, then you can seek federal registration through the U.S. Patent and Trademark Office. This process is far more involved, costly, and time consuming. The absolute key to this process is to have your mark properly vetted for issues, and then a comprehensive search done, all BEFORE you file. Failing to do this could very well end up getting your application rejected, and if that happens, you lose your filing fee (at least $275) and everything else you put into it. There are lots of things that can be caught before you file, like problems with the mark itself (merely descriptive, etc), or conflicts with other marks. The failure to properly vet a mark before filing is the primary reason for failed applications. And, BTW, you're not going to get proper vetting from a cut-rate online service. Their goal is to get your money up front and fire off an application as quickly as possible--whether or not your application is successful after you pay them is the least of their concern. And, the last thing they want to do is to thoroughly vet your mark in advance, because doing so might well result in finding out you shouldn't file for that mark, costing them a fee.

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