Yes, a slogan can in principle be registered as a trade mark, either at the BOIP for the Benelux or at the EUIPO for the entire European Union. There is no separate category for slogans: the register assesses a slogan in exactly the same way as any other trade mark name. The key question is always whether the text has distinctive character, that is, whether it is capable of distinguishing your products or services from those of another undertaking.
That is where the difficulty lies. Many slogans are precisely intended to state a benefit or feature as clearly as possible, and that works against registration. A phrase that mainly describes what you offer, or that touts how good it is, is often seen by the register as ordinary advertising rather than as a badge of origin. Registers typically refuse such applications on the ground of lack of distinctive character.
When a slogan is accepted
Slogans that pass the test usually have something unusual about them: a play on words, an unexpected combination, or a phrase that does not directly describe the product but stands at a distance from it. The further a slogan is from a simple product description, the greater the chance that the register will find distinctive character in it. This is not an exact science; the register assesses each application on its own merits, and the same type of phrase may be accepted in one sector but not in another, depending on what is customary in that field.
Incidentally, the conflict check that precedes an application provides no guidance on this point. That check looks at whether similar signs are already registered, not whether your own slogan is sufficiently distinctive. Both questions are different and are also assessed separately: one by the applicant and his advisers beforehand, the other by the register itself during the processing of the application.
What a slogan does not solve
Protecting a slogan through the trade mark register is different from protecting an advertising campaign or advertisement text as a whole. Trade mark law protects a sign used to distinguish goods or services; it is not intended to claim creative texts in a broader sense. Anyone in doubt whether a slogan, jingle or campaign name falls under trade mark law or rather under another area of law would be well advised to put this to a lawyer, as that distinction quickly touches on copyright and that is a different field of expertise from the one this platform focuses on.
Slogan and trade mark name: register separately or not
A frequently asked question is whether a slogan should be registered separately alongside the company name, or whether a single registration provides sufficient protection. That depends on how the slogan is used. If the slogan always appears together with the trade mark name on packaging and advertising, then registering only the trade mark name often already protects the most important part of what competitors might want to copy. If the slogan is used independently, apart from the trade mark name, in a way that forms the core of your distinctiveness, then a separate registration is more worth considering. This is a balance that differs from situation to situation and cannot be captured in one general rule.
What plays a role in every situation is that a slogan falls under the same class logic as an ordinary trade mark name: the protection applies only to the goods and services specified in the application, not automatically to everything you do. Anyone who wants to know more about this will find the system of class selection worked out in the knowledge base.
How to assess this for your own slogan
Because the outcome depends heavily on the precise wording and what is already customary in your sector, an initial indication is often more useful than a lengthy preliminary discussion. get an initial indication in a few questions shows whether similar signs are already in the register, which gives part of the picture. For the question of whether the text itself is sufficiently distinctive, the final assessment remains with the register, and in case of doubt with a trade mark attorney or legal advisor.
When you decide to actually apply for a slogan, little changes in practice compared to an ordinary trade mark: the same preparation, the same class selection, and the same filing via your own account at the BOIP or the EUIPO. find out per situation what applying means provides an overview of this, and check where the information on this site comes from shows which public registers and classifications serve as sources.
Are you in doubt whether your slogan has a chance, or is the question broader, for example whether the same text also plays a role as a business name or domain name? Then a free initial check is a logical next step, as is a look at the answers to other frequently asked questions before you proceed.