Can You Trademark a Slogan, Color, or Sound? Protecting the Unexpected

Most people think of trademarks as just logos and brand names, but they can go much further. Slogans, colors, and even sounds can be legally protected—if they meet the right criteria. Some of the world’s biggest brands own exclusive rights to non-traditional trademarks, preventing competitors from using them. But not every slogan, color, or sound qualifies for legal protection.

At Horn Wright, LLP, our trademark attorneys help businesses secure trademarks for more than just names and logos. Whether you want to protect your brand’s signature color, a catchy slogan, or even a unique sound, you deserve one of the best law firms in America to guide you through the process and make sure your application meets the strict requirements for registration.

Examples of Unconventional Trademarks: What Can (and Can’t) Be Protected?

Trademarks exist to distinguish one brand from another. While words and images are the most common trademarks, the law allows for other unique identifiers—but only if they’re distinctive and immediately linked to a brand.

Here are some unconventional trademarks that have been successfully registered:

• Slogans: McDonald’s “I’m Lovin’ It” and Nike’s “Just Do It” are both federally registered trademarks.
• Colors: Tiffany & Co. owns Tiffany Blue, and UPS has trademarked Brown for its delivery services.
• Sounds: The MGM lion’s roar, the NBC chimes, and the Harley-Davidson engine rev are all protected trademarks.
• Scents: Some businesses have even registered trademarked smells, like Play-Doh’s distinct scent.

However, not every color, sound, or slogan can be trademarked. The key to winning approval is proving that the element is uniquely associated with your brand—not just a generic or commonly used feature. Our intellectual property lawyers have seen countless instances where the difference turns on a select group of facts that you need to be aware of.

How to Prove Distinctiveness: The Hardest Part of Trademarking a Slogan, Color, or Sound

The biggest challenge with unconventional trademarks? Proving that consumers automatically associate them with your brand. The United States Patent and Trademark Office (USPTO) will reject trademarks that are too common, too generic, or not widely recognized.

Here’s what you need to show:

Long-Term & Widespread Use

• You need to prove that your slogan, color, or sound has been used consistently in marketing for years.
• The more exposure, the stronger your case.

Consumer Recognition (Secondary Meaning)

• If the public instantly connects the trademark to your business, you have a higher chance of approval.
• This can be shown through surveys, sales data, and advertising history.

Exclusivity

• If the feature is too common (like using red for a restaurant or a generic phrase like "Best in Town"), the USPTO is likely to reject it.
• Your trademark must be unique within your industry.

For example, Tiffany Blue is protected because Tiffany & Co. has used it exclusively for decades, and customers immediately associate the color with luxury jewelry. However, a regular blue used by a random clothing brand wouldn’t qualify because it’s not distinct enough.

Famous Trademarks That Extend Beyond Logos & Names: How Big Brands Win Protection

Some of the world’s biggest brands own trademarks that go far beyond words and images. These companies proved distinctiveness and fought legal battles to secure their rights.

Trademarked Colors

• Tiffany & Co. (Tiffany Blue) – Used exclusively for jewelry boxes and branding.
• UPS (Brown) – No other delivery service can use brown as its primary brand color.
• John Deere (Green & Yellow) – Protected for agriculture and machinery.

Trademarked Sounds

• MGM Lion’s Roar – Used before movies in film intros.
• Harley-Davidson’s Engine Sound – A distinct revving sound unique to Harley motorcycles.
• NBC’s Three-Note Chime – Recognizable across all NBC programming.

Trademarked Slogans

• “Just Do It” (Nike) – Associated with athletic apparel and motivation.
• “I’m Lovin’ It” (McDonald’s) – Linked to fast food advertising and branding.
• “The Ultimate Driving Machine” (BMW) – Reinforces BMW’s luxury vehicle reputation.

These trademarks have stood the test of time because consumers immediately associate them with the brand.

Want to Trademark a Slogan, Color, or Sound? Get It Right from the Start

Winning trademark approval for a slogan, color, or sound isn’t easy—it requires clear evidence of distinctiveness, consistent branding, and a strong legal strategy.

The experienced trademark attorneys at Horn Wright, LLP, help businesses secure unconventional trademarks. Whether you’re looking to register a slogan, protect a signature color, or trademark a sound unique to your brand, we’ll ensure your application meets all legal requirements. 

Contact our office today to learn how we can protect your intellectual property rights.