Slogans, Hashtags, and Titles: The Marks the USPTO Treats Differently
By Casey Scott McKay ·
Three kinds of matter sit in an awkward place at the trademark office: slogans, which may or may not be brands; hashtags, which add a symbol that contributes nothing; and titles, which name works rather than identify their source. This article explains the rules for each and, more usefully, why the rules exist. It covers when a slogan functions as a mark and when it is merely informational or descriptive, using the decisions that refused DRIVE SAFELY and PROUDLY MADE IN USA. It explains the hashtag rule - the symbol is disregarded and the remaining wording is evaluated on its own - and what that means for a social media campaign built around a phrase. It works through the single-work rule that keeps a book title off the register, the series exception that lets a publisher protect a franchise, and the separate First Amendment framework that governs titles of expressive works in litigation. It closes with what to protect instead when the answer is that the phrase cannot be registered.
IP and Technology > Trademarks | Article | Published 24 December 2024 - Updated 10 November 2025 | Casey Scott McKay - marksy.us
Summary. Three kinds of matter sit in an awkward place at the trademark office: slogans, which may or may not be brands; hashtags, which add a symbol that contributes nothing; and titles, which name works rather than identify their source. This article explains the rules for each and, more usefully, why the rules exist. It covers when a slogan functions as a mark and when it is merely informational or descriptive, using the decisions that refused DRIVE SAFELY and PROUDLY MADE IN USA. It explains the hashtag rule — the symbol is disregarded and the remaining wording is evaluated on its own — and what that means for a social media campaign built around a phrase. It works through the single-work rule that keeps a book title off the register, the series exception that lets a publisher protect a franchise, and the separate First Amendment framework that governs titles of expressive works in litigation. It closes with what to protect instead when the answer is that the phrase cannot be registered.
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