How to Trademark a Slogan in India?

Advertising plays a major role in creating a long-lasting impression of any brand. Advertisements with catchy phrases, slogans, or taglines receive much more traction than the others. A catchy slogan can eventually become an integral part of your brand identity. Trademark registration in India gives protection over these distinctive slogans. And that is exactly why you should trademark a slogan! Besides, there are a lot of intricate details that matter while you choose a trademark slogan. We’re here to help you understand the nuances of slogan trademark registration by construing how to trademark a slogan. So, let’s delve into the reasons why you need to register a slogan trademark. 

How is slogan trademark registration useful for a business? 

Slogans or Trademarks are a collection of words capable of use in promotional matters, to create a unique impact. Slogans act as a supportive instrument in retaining the brand in the consumer’s mind. For example, you will immediately think of McDonald’s when someone says “I’m Lovin’ it”.

There are many pioneers of different industries that have used slogans, catchphrases, and taglines to create hype in their target market. Let’s first understand the importance of a  trademark slogan for new businesses before we can talk about protecting it legally.

Also Read: All about unconventional trademarks in India

Why is it important to trademark a slogan?

The following points underline why you should trademark a slogan for your brand: 

1. Increased credibility 

When you trademark a slogan, your brand’s credibility increases, and people start associating the slogan with your brand name – especially when your slogan is entirely distinctive and unique. 

2. Capable of leaving an impression

Catchy slogans can have the same effect as the advertisements we watch on Indian television — they get stuck in our heads. If you have a catchy, unique slogan for your brand, people will automatically start recognising your brand by the slogan. For example, “Daag Acche Hai” became so popular that when it is mentioned, the advertisement is related to Surf Excel. Hence, for slogan trademark registration your catchphrase must be capable of gaining popularity with the brand.

3. Protection from infringement 

When it comes to creations of the mind, it is very hard to justify the thin line between infringement and inspiration. So, if you have a tagline that has been an asset to your branding, it is very important to take all steps necessary to protect the brand! If you trademark a slogan that is vital to your branding, you get exclusive legal rights to use it. 

4. A legal proof of ownership

Once you have legal proof of ownership with slogan trademark registration, you have the exclusive right to protect your slogan from being infringed by third-party impersonators.

A recent example is a case between two brands selling shampoo. Joy Creators was using the slogan mark “Poshan wala Lotion” since the year 1996 and in 2013 Nature’s Essence came up with a slogan line “Sampurna Poshan wala Loshan”. The Delhi High court ordered in favour of Joy Creators and helped them secure their distinctive slogan trademark. 

Apart from these benefits, see all the reasons why you need to register a trademark also apply to slogan trademarks. 

Basic requirements to register a slogan trademark

Just like all other conventional and non-conventional trademarks, getting a slogan trademark regisration also involves fulfilling certain conditions: 

Distinctiveness

The slogan must be distinctive enough to recognize your brand.

• For example, over time “Just Do it” has become a distinctive catchphrase for Nike.

Non descriptiveness

To trademark a slogan, you need to make sure that it is not descriptive of goods and products that you are trading in.

• For example, the slogan “gives you wings” is not at all descriptive of an energy drink and hence, Redbull succeeded in getting its slogan trademarked. 

Extensive usage

If a slogan is not distinctive enough but has acquired a whole new meaning by extensive use and goodwill of the brand, one can register it as a trademark.

• “Darr ke aage jeet hai” is not distinctive as such. It can be confused easily with a motivational quote. However, with the amount of Goodwill the brand has gained by using it, the slogan has acquired distinctiveness and is now a registered trademark slogan. 

Also Read: Different Types of Trademark in India

Promotional campaigns

The phrase must be used extensively in the market while promoting the brand to make it registerable. 

How to trademark a slogan?

After understanding the essential requirements of slogan trademark registration, most stakeholders often wonder upon the question of How to trademark a slogan. The steps below will make it easier than ever to register a slogan trademark

• Choosing appropriate trademark jurisdiction
• Filing the TM Application
• Examination by the Registrar
• Reply to Examination report within one month 
• Show Cause Hearing
• Advertisement in TM journal 
• Third-Party Opposition
• Registration or Refusal 

You can also read the detailed version in How to register a brand name in India. 

Examples of how trademark slogans protect brands

Pepsico and parle agro battle over being bold! 

Pepsico. has been a registered trademark owner of the slogan “For the Bold” since 2013. The slogan has extensively been used in the production and marketing of Nacho Chips – Doritos. In 2020, Parle Agro came up with a drink called “B-Fizz”. They soon started advertising the brand with the tagline “Be the Fizz! For the Bold!” Pepsi Co. filed a suit worth Rs. 2 Crore against Parle Agro. 

This recent example highlights how important it is to have legal rights and why you should trademark a slogan. 

Also Read: When and why to trademark your name?

How pepsico also protected its repute! 

Pepsi is a soft drink under the label of Pepsi Co. Whereas, Thums Up and Coca-Cola fall under the label of Coca-Cola. Pepsico. had launched a campaign wherein they had extensively used the tagline “Ye Dil Maange More” – the tagline has helped skyrocket the branding for Pepsi. However, just a few months later, Coca-Cola launched another advertising campaign wherein they mocked the Pepsi product by using a line similar to “Ye Dil Maange No More”. Pepsico. had filed a suit for infringement of its slogan, and the court ordered in its favor protecting its reputation by passing an injunction order against the mocking advertisement.

Also Read: Can I trademark hashtag in India?

What type of slogan trademarks can be registered in India?

Here are some additional pointers to help you understand what type of slogans can be registered as trademarks in India: 

Inventive slogans

You need to ensure the type of slogan trademark you choose is inventive in your industry. Two brands of the same industry cannot have similar sounding slogans without avoiding confusion in the minds of the consumers. 

Non generic 

From everything that can be trademarked in India, the most common essential is that the mark must not be generic. Hence, if you own a car shop, your slogan of “selling the best cars” will not be registrable as a slogan.

Non geographical

 Moreover, a registrable slogan must also not be descriptive of any geographical location. For example, a catchphrase of “Mumbai’s Best Burgers” will not be registrable. However, something like “Flavour fusion delights” might be registrable, based on its use and the trademark search results. You can learn how to do trademark search here. 

Functionality

The functionality of a slogan mark matters a lot in deciphering whether it will be registrable or not. Usually, only non-functional slogan marks can be registered as trademarks. For example, if you’re selling woolen clothes, using a functional slogan like “Keeps you warm” may not give you trademark protection. However, something non functional like “Warmth woven in every thread” may be registrable, depending upon its availability. As you can see, the key here is creativity. 

Read all about Trademark Renewal Process here. 

Trademark a slogan for your brand online with legalWiz.in

It is always a wise decision to get the best expert help when it comes to legal matters. At LegalWiz.in, our team of experts will guide you through each step of the way. Trademark a slogan online, from the comfort of your home! From helping you choose the best available slogan, to warning you about applying a non-distinctive name, we will assist you throughout! We have helped thousands of businesses safeguard their brands, and you could be the next!