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Can You Trademark a Slogan, Hashtag, or Catchphrase?
The customary throat-clearing: I'm an attorney, but this post does not make me your attorney — no attorney-client relationship attaches to blog readership. Whether any particular phrase is registrable is a deeply fact-specific question (you're about to see why), so treat this as general information, not legal advice. For your phrase, talk to a lawyer.
Yes, slogans, hashtags, and catchphrases can all be federally trademarked, but only if the phrase functions as a brand: something that points to you as the source of goods or services, rather than something everybody says. "Just Do It" is a registered trademark because it means Nike. "Let's Get Ready to Rumble" is registered — and famously licensed for serious money — because it means Michael Buffer. But even LeBron James couldn't register "Taco Tuesday," because the USPTO found it a commonplace expression that means... tacos, on a Tuesday, to everyone. The dividing line has a name: the failure-to-function doctrine, and it's the boss battle for every phrase application.
Here's how to tell which side of the line your phrase lands on — and how to use it so it qualifies.
What Makes a Phrase Trademarkable?
A trademark's one job is answering "who does this come from?" A phrase earns registration when consumers encounter it and think source — a specific company, show, or person — rather than sentiment.
That's the entire analysis, and it explains the famous outcomes:
"Just Do It" — decades of use as Nike's tagline, always adjacent to the swoosh. Consumers hear it as Nike. Registered.
"Let's Get Ready to Rumble" — one announcer's signature call, protected and licensed relentlessly. Consumers hear it as Michael Buffer. Registered (and reportedly among the most lucrative catchphrases ever).
"That's Hot" — Paris Hilton registered her catchphrase and has enforced it — signature delivery, tied to one persona.
"Taco Tuesday" — refused for LeBron. The phrase belongs to the culture; no one hears it and thinks of a single source. (The USPTO's refusal essentially said: this is a widely used message, and widely used messages can't be owned.)
What Is the "Failure to Function" Refusal?
Failure to function is legalese for: this phrase doesn't work as a trademark because it doesn't identify a source. It's the USPTO's standard response to applications for common expressions, viral phrases, and sentiment slogans — and it's been applied vigorously as meme-phrase filings have exploded.
The phrases most likely to fail:
Everyday expressions — things people say independent of any brand ("Good Vibes Only," "Blessed")
Informational or political sentiments — messages consumers understand as the wearer's opinion, not a brand
Viral moments — once a phrase belongs to the entire internet, it points at the meme, not at you (and yes, this creates a brutal irony for creators: virality is what makes a catchphrase valuable and what makes it hard to register — one more argument for filing before the explosion)
Note the pattern: the problem isn't the phrase's fame. It's whose fame. Buffer's phrase is famous as his. Taco Tuesday is famous as everyone's.
Do Hashtags Get Special Treatment?
The hashtag symbol changes nothing legally — that's essentially the USPTO's official position. A hashtag mark is analyzed like any other phrase: a hashtag version of "Just Do It" works because "Just Do It" works; a hashtag like "ThrowbackThursday" doesn't because the phrase is a community ritual, not a source identifier.
If anything, hashtags face a steeper climb, because their native habitat — organizing conversation, joining trends — is the opposite of source identification. A hashtag you invented and use consistently to brand your campaign or series? Plausible candidate.
A hashtag you're hoping to pluck from the trending page? The USPTO has seen that movie.
One more wrinkle: registering a hashtag doesn't give you ownership of the hashtag on platforms. People can still tag their posts. What registration protects is commercial use — a competitor branding their products or campaigns with it.
The Merch Trap: Ornamental Use
Here's the refusal that blindsides creators and print-on-demand sellers: the ornamental refusal. Slapping your catchphrase in giant letters across the front of a t-shirt reads — to the USPTO — as decoration, not as a brand identifying who made the shirt. Think about it from a shopper's view: the big front graphic is the design they're buying; the little logo on the tag or hem is the brand.
The fix is placement and consistency, per the trademark attorneys at Markley:
Use the phrase where brands live — the neck label, the hang tag, the packaging, the shop header — not only splashed across the chest.
Anchor it to a source — pair the phrase with your name or logo consistently, so it accrues meaning as yours.
Sell under it, not just on it — a phrase used as the name of your merch line or series is functioning as a brand; a phrase appearing only as apparel art is functioning as art.
Build the record — consistent, dated use in brand position is exactly the evidence that overcomes function-based refusals.
So Should I File for My Phrase?
Run it through three honest questions:
Does it point at me? If a stranger saw the phrase alone, would they connect it to your show, product, or persona — or is it just a sentiment anyone might post?
Am I using it as a brand? On labels, as a series name, tied to your logo — or only as decoration and captions?
Is it still mine to claim? Phrases drift into common usage fast. A signature line you've used consistently is a candidate; last month's meme is a refusal with your name on it.
Two yeses and a "still mine"? Worth a clearance search and a serious look. And timing matters more for phrases than for almost any other mark type — the window between "my audience knows this is mine" and "the internet has absorbed it" can be weeks.
FAQ
Can I trademark a phrase just to sell shirts with it?
Not by itself — that's the ornamental trap. You'd need the phrase functioning as a brand (labels, tags, line name), not merely as the shirt's graphic.
Someone else is selling merch with MY catchphrase. Can I stop them?
If you have (or can establish) trademark rights in the phrase for merchandise, potentially yes — registration makes platform takedowns and enforcement dramatically more effective. Without any brand-style use on your side, it's much harder.
Does registering a hashtag stop people from using it in posts?
No — ordinary social tagging isn't trademark infringement. Registration targets commercial branding uses by others.
How much does it cost to trademark a slogan?
Same as any mark: $350 per class in USPTO base fees, plus surcharges for sloppy applications, plus professional fees. Phrases carry higher refusal risk, which makes the pre-filing assessment more valuable, not less.
Can two companies own the same slogan?
Sometimes — in unrelated industries, just like names. The likelihood-of-confusion test governs phrases the same way.
The difference between a catchphrase and a trademark is whether the world hears you in it — and whether you filed while that was still true. Markley gives phrase applications the honest pre-flight check they need: a real clearance search, a straight answer on failure-to-function risk, and a flat-fee filing if it's a go. Own your mark — especially the one everyone quotes.
