What brands should know about trade marking taglines

For influencers and brand-owners alike, a few clever words can go a long way and even lead to serious earnings. Slogans, taglines, and catchphrases, once seen as corporate marketing fluff, constitute valuable intellectual property.
By Thembokuhle Danca
9 Sep 2025
Image source: Polina Zimmerman from
Image source: Polina Zimmerman from Pexels

Nowadays, where attention is currency, owning a unique and impactful phrase can set you apart, boost visibility, and unlock real commercial value.

Think of Let’s get ready to rumble, famously coined by American boxing announcer Michael Buffer during the legendary fight between Muhammad Ali and George Foreman. That phrase alone has earned Buffer hundreds of millions through licensing deals, appearances, and merchandising.

But can local creators, influencers, and brand-owners protect and monetise their own iconic phrases? The short answer is yes, provided certain legal requirements are met.

What exactly is a slogan, tagline, or catchphrase?

These are short, memorable phrases used in branding, marketing, and entertainment. Whether it is something repeated in a video, a TikTok intro that fans quote, or a phrase consistently associated with a brand, these expressions can become valuable trade marks.

Globally, iconic phrases include Just do it (Nike), Because you’re worth it (L'Oréal), and I’m lovin’ it (McDonald's), which have evolved into powerful intellectual property assets.

South Africa also has its share of legendary lines. Think Chicken Licken’s Soul food, MTN’s Everywhere you go, or Absa’s Today, tomorrow, together. And who could forget the nostalgic slogan: You’ve got an uncle in the furniture business – Joshua Doore!

Can you legally protect it?

Yes – here’s how...

Our trade mark law directs that a phrase can be registered as a trade mark if:

  • It is capable of distinguishing the goods or services from those of others trading in the same goods or services ie. the phrase must be distinctive;
  • It is not generic or purely descriptive; and
  • It does not conflict with existing trade mark rights.

Distinctiveness is key

The phrase you choose must be distinctive enough to set your goods and/or services apart from others. The level of distinctiveness required will depend on the type of goods/services for which you seek protection.

Trade marks can be registered in any one or more of 45 different international classes of goods/services. This system ensures that a trade mark is assessed for registrability and protected in the correct commercial context.

The same trade marks can co-exist harmoniously in different classes without causing any confusion, like Cobra taps and Cobra shoe polish.

Choosing the right trade mark class (for example, class 11 for plumbing apparatus or class 3 for polishing preparations) is important as it will determine the scope of protection afforded by the registration, and will be a key consideration when assessing the distinctiveness of the trade mark for the purposes of registration.

Apple may be distinctive in class 9, including electronic devices, but not in class 31 for fresh fruit and vegetables!

Must not be descriptive or generic

A phrase like “Let’s get ready to rumble” works because it is unique and closely associated with Michael Buffer and distinguishes his goods and/or services from those of other people in the same industry.

A slogan that describes the goods and/or services, or that says something about the quality and properties of the goods and/or services on offer, cannot be registered as a trade mark.

For example, the phrase “Best shoes ever” for a shoe retailer would likely not qualify for registration as it simply describes the goods in question and also says something about the quality and properties of the goods in question.

Our courts have emphasised that, to be registrable, a slogan must not be a phrase in ordinary English usage in that field, but rather a novel and original combination of words (see, for example, Heublin Inc v Golden Fried Chicken (Pty) Ltd [1982]).

Therefore, it is important when choosing a trade mark phrase, to choose one that does not describe the goods/services being sold or one that does not say something about the quality and properties of the goods/services in question.

Do a trade mark search

Before using or registering a phrase as a trade mark, it is important to check whether someone else has already registered or applied for registration of a similar phrase. This helps ensure that the proposed trade mark does not conflict with existing rights.

You can conduct a search on the CIPC database or seek assistance from a trade mark attorney for a more thorough search and comprehensive advice.

Make sure it’s actually used

Another important requirement for a phrase to qualify for trade mark protection is that it must be used in genuine commercial activity, or there must be a bona fide intention to do so.

This means that the phrase must be used in connection with the actual sale or offering of goods/services in commerce —such as marketing or selling, merchandise, providing digital services, or branding content.

Casual or personal use will generally not meet this threshold, as it suggests a lack of genuine intent to use the phrase as a trade mark.

Why influencers, creators and brand holders should care

Michael Buffer’s story is a prime example of how a catchphrase can become a financial asset. By trade marking Let’s get ready to rumble, he secured exclusive rights and built a licensing empire that spans films, video games, merchandise, and sports promotions.

In South Africa, similar commercialisation is possible. A registered trade mark can be licensed to third parties and used for endorsement and promotion.

A registered trade mark also provides the legal basis to prevent unauthorised use by third parties and may allow damages to be claimed if anyone else uses your trade mark without consent.

Other legal considerations

Not registered? The law has got you

Even without formal registration, South African law provides limited protection under the common law of passing off.

However, seeking relief for infringement of common law trade mark rights is far more complex and frought with challenges when compared with infringement of a registered trade mark. Without registered rights, proving reputation, misrepresentation, and damage can be costly and uncertain.

So, for peace of mind and legal clarity, registration is your best bet.

What if you are the face behind the phrase?

If the phrase is closely linked to a person, especially if they are a public figure or influencer, they may also have image rights.

Image rights entitle that person to control and profit from the commercial use of their likeness, appearance, or other unique personal attributes, such as their voice, signature, or even distinctive gestures.

This adds an extra layer of protection, for example, if the identity of a celebrity or an influencer is used without permission.

In summary

If you’re considering protecting a slogan, tagline, or catchphrase, make sure that you:

  • Create something original and distinctive.
  • Check for existing rights to avoid potential infringement.
  • Register the phrase as a trade mark in the appropriate class(es).
  • Use it consistently in connection with your goods/services.
  • Monitor and enforce your rights to prevent unauthorised use.
  • Explore licensing opportunities to unlock commercial value.

Slogans, taglines, and catchphrases are not just clever lines. They can be brand builders, attract consumers and generate income streams. With the right legal protection, what starts out as a fun phrase in reels or posts can evolve into a long-term asset.

About the author

Thembokuhle Danca, (Associate), under the supervision of partner Juli Hopf, (Partner), at Spoor & Fisher.

 
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