How to Trademark a Catchphrase or Slogan

A catchphrase or slogan is often the most memorable part of a brand. Short, distinctive phrases such as advertising taglines, campaign slogans, or promotional expressions help consumers instantly recognise a business and associate it with certain values or experiences. In our competitive commercial environment, protecting these phrases through trademark registration is increasingly important for brand owners, startups, and established companies alike.

What are Trademarks

A trademark is any sign capable of distinguishing the goods or services of one business from those of others. While logos and brand names are commonly registered, slogans and catchphrases may also qualify as trademarks if they meet the legal requirements.

For a slogan to be registrable, it must function as a source identifier. This means the phrase should not merely describe the product or service but should instead signal a unique commercial origin. For example, a creative or imaginative tagline is more likely to be accepted than a phrase that simply states what the business does.

Under Nigerian Trademark Act, slogans are usually registered as word marks. Once approved and registered, the owner gains exclusive rights to use the phrase in connection with the specified goods or services within Nigeria.

Why You Should Trademark a Catchphrase or Slogan

Brand Protection and Exclusivity

Registering a slogan as a trademark gives the owner legal protection against unauthorised use. Without registration, enforcing rights over a catchphrase becomes difficult, especially where another business adopts a similar or identical expression.

Trademark registration provides clear evidence of ownership and allows the proprietor to prevent competitors from using confusingly similar phrases that may mislead consumers.

Commercial and Marketing Value

A protected slogan enhances brand equity. Registered trademarks can be licensed, assigned, or used as part of broader commercial agreements. For businesses seeking investment or partnerships, trademarked brand elements, including slogans, often strengthen credibility and valuation.

What Makes a Catchphrase Registrable in Nigeria?

Distinctiveness

The most important requirement is distinctiveness. A slogan that is unique, inventive, or suggestive is more likely to be approved than one that is generic or purely descriptive. Phrases that merely praise the product or describe its quality may face objections during examination.

Lawful and Non-Offensive Content

Slogans containing deceptive, scandalous, or misleading language are not registrable. Nigerian trademark authorities may also reject phrases that conflict with public policy or morality.

Availability

A slogan must not conflict with an existing registered trademark or a pending application covering similar goods or services. This is why conducting a clearance search is a crucial first step.

How to Trademark a Catchphrase or Slogan in Nigeria

Step One: Conduct a Trademark Availability Search

Before filing an application, it is advisable to conduct a search at the Nigerian Trademarks Registry. This search helps determine whether a similar or identical slogan is already registered or in use for related goods or services.

A proper clearance search reduces the risk of refusal and saves time and cost in the long run.

Step Two: Identify the Appropriate Class of Goods or Services

Nigeria follows the Nice Classification system, which divides goods and services into specific classes. When trademarking a slogan, the applicant must specify the class or classes under which the phrase will be used.

Choosing the correct class is critical, as trademark protection is limited to the goods or services listed in the application.

Step Three: Prepare and File the Trademark Application

The application typically includes the applicant’s details, a clear representation of the slogan, and the relevant trademark class. In Nigeria, trademark applications are filed at the Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment.

A slogan is filed as word marks, without stylisation, unless the applicant seeks protection for a specific design or presentation.

Step Four: Examination and Publication

After filing, the Registry examines the application to ensure it complies with statutory requirements. If no objections are raised, or if any objections are successfully addressed, the slogan is accepted and published in the Trademarks Journal.

Publication allows third parties to oppose the registration within the prescribed period.

Step Five: Registration and Issuance of Certificate

If no opposition is filed, or if opposition proceedings are resolved in favour of the applicant, the trademark proceeds to registration. A certificate of registration is then issued, confirming the owner’s exclusive rights over the slogan in Nigeria.

Common Challenges in Trademarking Slogans

One common issue is the refusal of slogans considered too descriptive or promotional. Nigerian examiners often scrutinise taglines that appear to be mere advertising phrases rather than brand identifiers.

Another challenge arises where a slogan is similar to an existing trademark, even if the wording is slightly different. This highlights the importance of professional guidance and thorough searches before filing.

Duration and Renewal of Trademark Protection

According to section 23 of the Nigerian Trademark Act, once registered, a trademark in Nigeria is valid for an initial period of seven years. It can be renewed indefinitely for further periods of fourteen years, provided renewal fees are paid as required.

Continuous use and timely renewal are essential to maintaining enforceable rights over a registered slogan.

Conclusion

Trademarking a catchphrase or slogan in Nigeria is a strategic step for businesses seeking to protect their brand identity and marketing assets. While not every phrase qualifies for registration, distinctive and original slogans can enjoy strong legal protection when properly registered.

By conducting an availability search, selecting the appropriate class, and following the formal registration process, businesses can secure exclusive rights and prevent unauthorised use. In an increasingly competitive marketplace, trademark protection for slogans is not just a legal formality but a valuable business investment.

HOW TO APPLY FOR TRADEMARK? Because this may seem complicated, you can easily hire LegalDoc to carry out the process and ensure the registration runs smoothly.