How To Trademark a Slogan in Australia

A catchy slogan can make your brand memorable. It tells customers what you’re about in just a few words and can set you apart in a crowded market.

But if you don’t legally protect that slogan, a competitor could adopt something confusingly similar - and you may have limited options to stop them.

In Australia, you can protect a slogan by registering it as a trade mark. Below, we’ve broken down what makes a strong, registrable slogan and the exact steps to secure protection with IP Australia. We’ll also cover common pitfalls, what to file, and how to maintain your rights once registered.

What Is A Trade Mark And Can You Protect A Slogan?

A trade mark is a sign you use to distinguish your goods or services from others - this includes words, phrases, logos, shapes, and more. A slogan that identifies your business as the source of your products or services can absolutely be registered as a trade mark in Australia, provided it meets the legal tests.

It’s important to understand that trade mark protection is different from registering your business or company name. Those registrations help with compliance and visibility, but they don’t give you exclusive brand rights. For brand protection, you need a registered trade mark. If you’re weighing up these concepts, it helps to understand the difference between a Business Name vs Company Name.

Is Your Slogan Distinctive Enough To Register?

Trade marks must be “capable of distinguishing” your goods or services. In plain English: the slogan needs to act as a brand, not just describe what you sell.

Here’s what typically works - and what doesn’t:

• More likely to be registrable: Invented phrases, unusual word combinations, suggestive lines that hint at your value but don’t directly describe it (e.g., “Built To Roam” for outdoor apparel).
• Harder to register: Purely descriptive or promotional phrases other traders need to use (e.g., “Best Coffee In Sydney”, “Fast & Cheap Delivery”).
• Generic or common phrases: Widely used expressions or statements of quality can be refused unless you can show strong evidence that the public associates them with your business.

Another key consideration is choosing the right classes. Trade mark registration is granted for specific goods and services categories. If you’re new to the system, it’s worth reading up on Trade Mark Classes so you file in the areas that matter for your business now and as you grow.

Step-By-Step: How To Trademark A Slogan In Australia

1) Clarify Your Slogan And Brand Strategy

Lock in the exact wording you’ll use publicly. Decide if you want protection for the words alone (a word mark) or the words as part of a stylised logo (a device mark). We cover this choice in more detail below.

2) Check Availability And Risk

Before falling in love with a slogan, search for identical or similar trade marks covering the same or related goods and services. Look for matching phrases, similar meanings, and close lookalikes. Also check if anyone is already using a similar slogan in the market - even without a registration - as this can impact risk.

3) Choose Your Goods/Services And Classes

List the products and services you actually sell and plan to sell under the slogan. Select the classes that align with those offerings. A strategic selection here avoids gaps and helps manage cost.

4) Decide: Word Mark Or Logo?

As a rule of thumb, a word mark (the words alone) gives you broader coverage for the phrase regardless of font or design. A stylised logo protects the look-and-feel as filed. Many businesses file the word mark first for stronger coverage, then file a logo if the design carries brand value.

5) File Your Application With IP Australia

You can file directly with IP Australia or engage a lawyer to prepare and lodge on your behalf. Professional help can refine your specification and reduce avoidable issues. If you want support with the process end-to-end, our team can assist you to Register Your Trade Mark.

6) Examination And Adverse Reports

IP Australia examines your application against the law and prior marks. If there are concerns (e.g., the slogan is too descriptive, or a similar earlier mark exists), they’ll issue an adverse report. You’ll have an opportunity to respond with legal submissions and evidence of use, if appropriate.

7) Acceptance, Opposition, And Registration

If the examiner is satisfied, your mark is accepted and published for opposition. Others have a short window to oppose. If unopposed (or any opposition is resolved), your trade mark proceeds to registration and you receive a certificate.

8) Use It Properly And Maintain It

Use your slogan consistently for the goods/services covered. You can use the ™ symbol while applying and the ® symbol once registered. Keep your registration up to date and be mindful of non-use rules (more on this below).

What Should I File: Word Mark Or Logo? One Class Or More?

This choice can shape your protection and costs, so it’s worth thinking through early.

Word Mark vs Logo

• Word Mark: Protects the words of your slogan in any font or layout. Great if the phrase itself is distinctive and you plan to use it in multiple styles over time.
• Stylised Logo: Protects the exact visual presentation you file. Helpful when the design elements carry significant brand recognition.

Many small businesses start with a word mark for the slogan, then register a separate logo for the overall brand. If you’re unsure what mix best suits your brand strategy, speak with an Intellectual Property Lawyer to map out a staged approach that balances coverage and cost.

How Many Classes?

Trade marks are filed in classes. You only gain rights for the goods/services covered, so your selection should mirror how you use the slogan now and where you realistically plan to expand in the next few years.

Going too narrow can leave gaps you later need to fix with new applications. Going too broad can inflate cost without adding real value. A targeted, forward-looking specification strikes the best balance.

Common Pitfalls, Objections And How To Fix Them

Even good slogans can hit snags. Here are the issues we see most often - and how to handle them.

“It’s Descriptive Or Promotional”

If the examiner considers your slogan descriptive, laudatory, or a common phrase other traders need to use, they may refuse it. You can respond with arguments that the slogan is suggestive rather than descriptive, or provide evidence showing that consumers already associate the phrase with your business (acquired distinctiveness). Gathering solid evidence of use takes planning - think dated ads, sales figures, screenshots, and media coverage.

“There’s A Similar Earlier Trade Mark”

Conflicts with earlier marks are common. Solutions may include narrowing your specification, seeking a letter of consent, or presenting legal arguments about differences in meaning, look or sound, and marketplace context.

Fixing An Adverse Report

There are strict deadlines to respond to examiner reports. If you receive one, consider getting tailored Adverse Report Advice early so you have time to adjust the strategy, compile evidence, and lodge a robust response.

Filing The Wrong Details

Ownership matters. The applicant should be the person or entity that controls the use of the slogan in trade (often your company, not you personally). Getting this wrong can complicate enforcement later. If you need to transfer ownership (for example, moving from sole trader to company), an IP Assignment can be prepared and recorded.

Using, Enforcing And Maintaining Your Slogan Trade Mark

Registration is the starting line, not the finish. To get full value, you’ll want to use, monitor, and maintain your rights.

Use It Consistently

Use the slogan in connection with the goods/services listed in your registration. Keep records of use - marketing materials, invoices, website captures - in case you need to prove use later.

Mind The Non-Use Rule

If a trade mark isn’t used for a continuous period, it can be vulnerable to removal for non-use. As a rule of thumb, make sure you use your slogan as a brand (not just within descriptive text) and keep evidence. If your offering changes, consider updating your registrations to match your current activities.

Monitor The Market

Set up alerts or periodically search for similar slogans. Early action often prevents bigger disputes. Sometimes a friendly notice resolves it; other times, you may need to escalate.

Licensing And Co-Branding

If you allow others to use your slogan (e.g., franchisees or distributors), set clear rules in writing. A well-structured licence should preserve your brand standards and control. If you’re planning a transfer or restructure, handle it with a proper IP Assignment to keep the trade mark in the right hands.

Renew On Time

Australian trade mark registrations can be renewed every ten years. Put reminders in your calendar and keep your ownership details current. When it’s time, handle your Trade Mark Renewal promptly so your rights don’t lapse.

Don’t Rely On Brand Registrations Alone

Your brand protection toolkit may also include contracts and other IP. If you collaborate with designers or agencies, ensure your agreements clearly deal with IP ownership and licensing. And remember, registering a company or business name is not the same as securing brand protection - a point that often surprises founders who have only looked at a Business Name vs Company Name registration.

Key Takeaways

• You can register a slogan as a trade mark in Australia if it functions as a brand and is distinctive, not merely descriptive or promotional.
• Choose the right filing strategy: a word mark often gives broader coverage for a slogan, and careful selection of Trade Mark Classes protects what you sell now and where you plan to grow.
• Follow a clear process: search thoroughly, file in the correct owner name, respond to examination issues, and proceed through acceptance, opposition, and registration.
• If you receive an examiner report, act early - a focused response and, where needed, evidence of use can keep your application on track, and tailored Adverse Report Advice can help.
• Use and maintain your rights: apply the slogan consistently, monitor for infringements, record ownership changes with an IP Assignment, and renew every ten years.
• Trade mark protection sits alongside your broader legal setup. If you want end-to-end support to Register Your Trade Mark, our Intellectual Property Lawyer team can help.

If you’d like a consultation on trade marking your slogan, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.