How to Ensure Your Slogan or Tagline Isn’t a Registered Trademark Before Launching Your Marketing Campaign

When launching a new marketing campaign or printing promotional materials like t-shirts, the last thing you want is a legal dispute over the use of a slogan or tagline. Ensuring that your catchy phrase isn’t already a registered trademark is a crucial step that can save your company from potential legal headaches and financial losses. Here’s a guide on how to verify the trademark status of your slogan or tagline before you commit to using it.

Why Trademark Checks Are Important

Trademarks protect brands and their unique identifiers, such as logos, names, and slogans. Using a registered trademark without permission can result in legal action from the trademark owner. This can lead to costly litigation, the destruction of printed materials, and the need to rebrand your campaign, which can be both time-consuming and expensive.

Steps to Check for Registered Trademarks

1. Access the USPTO Database: The United States Patent and Trademark Office (USPTO) maintains a comprehensive database of registered trademarks. You can access this database online via the USPTO’s Trademark Electronic Search System (TESS).
2. Conduct a Basic Word Mark Search:
   • Go to the TESS search page.
   • Select “Basic Word Mark Search (New User)”.
   • Enter your slogan or tagline into the search bar and click “Submit Query”.
3. Review the Search Results: The search will return a list of trademarks that match or are similar to your query. Review these results carefully:
   • Check for exact matches.
   • Look for similar phrases that could be considered confusingly similar.
   • Pay attention to the goods and services associated with each trademark to see if they overlap with your intended use.
4. Examine the Details:
   • Click on each entry to view detailed information about the trademark, including its status and the specific goods or services it covers.
   • Note the registration status (live or dead). Active trademarks (“live”) pose a potential conflict, whereas inactive ones (“dead”) may not.
5. Seek Legal Advice: If you find a match or something similar, consult with a trademark attorney. They can provide a professional opinion on whether your intended use might infringe on an existing trademark and advise on the best course of action.

Additional Tips

• Be Thorough: Conduct multiple searches with variations of your slogan to ensure comprehensive coverage.
• Keep Records: Document your search process and results for future reference.
• Consider International Use: If your campaign will be international, check trademarks in other relevant jurisdictions.

By following these steps, you can confidently move forward with your marketing campaign, knowing you’ve done due diligence to avoid infringing on any existing trademarks. Taking the time to verify your slogan or tagline’s trademark status is a small but crucial step in protecting your brand and its reputation.

For more detailed information on conducting trademark searches, visit the USPTO’s Trademark Electronic Search System (TESS).

By ensuring your slogan is original and legally safe to use, you pave the way for a successful and trouble-free marketing campaign.