How Do You Protect Your Slogan Or Tagline From Your Competitor? (2025 Updated)

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When you think about protecting your brand, often the first thing that comes to mind is your name and logo. For a deeper dive into safeguarding your business identity, check out our guide on protecting your IP with a trade mark.

However, your slogan or tagline can also play a huge role in how customers identify you.

Whether it’s McDonald’s “I’m lovin’ it” or Toyota’s “Oh, what a feeling,” we can all think of a company that we immediately recognise just by their tagline. In 2025, as competition intensifies, having a unique and memorable slogan is more important than ever.

It’s a powerful way to stand out to your customers.

So if your business has a creative and distinctive slogan or tagline, how do you stop your competitors from duplicating your unique identity?

Answer: Get a trade mark.

What Is A Trade Mark?

A trade mark is a type of “Intellectual Property” (or IP for short) – property that is intangible, unlike, say, a house or car. It protects key elements of your business identity, such as your name, logo, slogan or tagline. For further clarity on what sets trade marks apart from other forms of IP, read our article on Trade Mark vs Copyright.

If you’re starting a business, you’ve likely heard about IP before. Trade marks specifically safeguard the image, brand and reputation of your business.

When you register a trade mark with IP Australia in 2025, you gain the exclusive legal right to use that mark in connection with the specific classes of goods or services you choose. This exclusivity means you can take legal action against anyone who attempts to use your trade mark without permission.

What Does A Trade Mark Protect?

A trade mark typically covers your business name, logo – or even your slogan. It can also extend to other distinctive elements such as a specific shape, colour, sound or scent. Essentially, a trade mark can be any feature that helps distinguish your business from competitors.

This makes a trade mark ideal for protecting a tagline or slogan since it secures those unique elements that make your brand stand out to customers.

It’s important to note that while a trade mark protects your brand identifiers, it does not cover the creative expressions themselves – that protection falls under copyright law. For more on the differences between these forms of IP, see our guide on Trade Mark vs Copyright.

Is A Trade Mark Worth It?

Registering a trade mark isn’t compulsory for your business, but it’s a decision that can significantly enhance your brand protection. In today’s digital and highly competitive marketplace, safeguarding your unique slogan can be a smart investment.

If you’re uncertain about whether a trade mark is right for you, ask yourself:

How do your customers recognise your brand?
Do they identify your business by its name, logo, slogan, tagline – or all of the above?

Reflecting on how your customers perceive your brand is a crucial step in determining which assets are most valuable. If your slogan or tagline plays a significant part in your brand identity, registering it as a trade mark is a wise choice.

If your business name or logo are also distinctive, consider securing trade marks for those elements as well. In fact, you might want to explore our business name registration service for additional support.

In short: if you want to fully protect your brand and reputation, registering a trade mark is essential. A further benefit is that you’ll avoid inadvertently infringing on someone else’s mark – an oversight that could lead to costly disputes later.

Imagine building a hugely successful business only to face legal challenges down the track because a similar trade mark already existed. Registering your trade mark upfront in 2025 helps you avoid such headaches and secures your unique identity from the start.

How To Trade Mark A Slogan

The next obvious question is: How do you trade mark a slogan?

Fortunately, the process for trade marking a tagline or slogan is very similar to registering any other type of trade mark.

While registering a trade mark can seem complex, we’ve broken down the process into four straightforward steps:

Deciding on your trade mark
Deciding on your classes of goods or services
Making your application
Completing the registration

We delve into each of these steps in plenty of detail in our article on the basics of trade marks.

1. Deciding on your trade mark

This step is straightforward – if you’re planning to trade mark your slogan or tagline, determine exactly what it is. A thorough brainstorming session combined with a detailed search is essential.

It’s wise to conduct comprehensive searches using tools like Google and the Australian Trade Mark Search to ensure that no one else is already using a similar mark.

2. Deciding on your classes of goods or services

Remember, registering a trade mark in Australia gives you the exclusive right to use the mark in relation to specific classes of business activities. When applying, you must choose the classes of goods and services that best represent what your business trades in.

This targeted approach ensures that your registration is relevant and cost-effective, and it prevents you from needing to file additional applications later. If you’re ever in doubt, seeking legal advice at this stage can help guarantee you’re choosing the correct classes from the beginning.

3. Making Your Application

Once you’ve finalised your trade mark and determined the classes for registration, you’re ready to apply. In 2025, you have two options to apply online through IP Australia: either via the TM Headstart process or the standard application process.

4. Completing the Registration

After you submit your application, the entire registration process typically takes around 7–8 months. Once IP Australia has finished processing and no issues arise, you will have an officially registered trade mark – congratulations!

As technology and regulations continue to evolve in 2025, online tools have become even more robust, making it simpler to verify the uniqueness of your trade mark. Our ongoing updates ensure that we provide you with the latest advice and insights to protect your brand effectively.

What to Take Away…

If you’ve developed an awesome tagline or slogan, don’t let it go to waste!

Protecting your slogan with a trade mark enables you to leverage it for the best business results without the risk of competitors copying your hard-earned brand identity.

It is certainly possible to register a trade mark yourself online. However, speaking to a legal expert can help you navigate any complexities and ensure your application is spot-on from the start – often saving you time and money in the long run.

For more insights on protecting your creative assets and a comprehensive look at intellectual property in today’s dynamic market, our Intellectual Property Guide is a great resource.

If you’d like assistance with registering a trade mark or protecting your IP, get in touch and we’d love to speak to you about your enquiry!

Minna Boyle

Minna is the Head of People & Culture at Sprintlaw. After completing a law degree and working in a top-tier firm, Minna moved to NewLaw and now manages the people operations across Sprintlaw.

Tomoyuki Hachigo

Tomo is the co-founder of Sprintlaw and a commercial lawyer with a broad range of legal experience. Before starting Sprintlaw, he was an M&A lawyer at a top-tier law firm advising businesses of all sizes from large corporates to startups.