Can a Slogan or Tagline Be Trademarked in India?

 

 Introduction

In a competitive market, catchy slogans like "Just Do It" (Nike) and "I’m Lovin’ It" (McDonald’s) are powerful brand tools. But can such phrases be protected under Indian trademark law? The answer is yesbut only under specific legal standards. This guide explains how slogans qualify, how to register them, what challenges arise, and why brand owners should treat them as valuable IP assets.

 What Is a Slogan or Tagline?

A slogan is a short, memorable phrase used in advertising, while a tagline usually represents long-term branding. Under Section 2(1)(zb) of the Trade Marks Act, a slogan may be treated as a word mark if it uniquely identifies the source of goods or services.

 Can a Slogan Be Trademarked?

Slogans can be registered, provided they meet these requirements:

• Distinctiveness: Not generic or descriptive

• Source indicator: Clearly identifies origin

• Graphical form: Capable of being written or visualized

• Uniqueness in use: Not commonly used in everyday speech or trade

 Example: "Just Do It" – coined and brand-identifying
 Example: "Best in Class" – too generic

 Legal Framework in India

Under the Trade Marks Act, 1999:

• Section 2(1)(zb) – Defines “trademark” to include slogans

• Section 9(1)(a) – Distinctiveness requirement

• Section 11 – Prevents confusingly similar marks

 Distinctiveness: Intrinsic vs. Acquired

• Inherently distinctive: Creative, fanciful slogans

  • E.g., “Have a break, have a KitKat”

• Acquired distinctiveness: Generic slogans that have gained public association

  • E.g., “All‑round protection” (Procter & Gamble)

 Registration Process

1. Preliminary search via IP India database

2. File TM-A under word mark category

3. Examination by TM Registry

4. Publication in Trademark Journal

5. Opposition period — 4 months

6. Certificate issuance valid for 10 years, renewable

 Common Refusal Grounds

• Generic or descriptive slogans (e.g., “We deliver fast”)

• Puffery (e.g., “The ultimate experience”)

• Lack of acquired distinctiveness

• Confusion with existing marks

 Judicial Precedents

• Procter & Gamble v. Anchor Health (2009): “All‑Round Protection” was granted trademark due to secondary meaning

• Reebok India v. Gomzi Active (2008): “I am what I am” was rejected for lack of distinctiveness

 Benefits of Trademarking a Slogan

• Exclusive legal use

• Enhanced brand recognition

• Added intangible asset value

• Stronger legal recourse against infringement

 Pro Tips for Creating a Trademarkable Slogan

• Use unique, creative wording

• Avoid descriptive or generic phrases

• Consistently use the slogan to build consumer association

• Keep evidence of usage—ads, invoices, promos

 If Slogan Doesn’t Qualify for TM

Even without registration, long-term usage may attract legal protection under passing-off (common law rights).

 Conclusion

Slogans and taglines can be trademarked in India—if they are distinctive, source-identifying, and graphically representable. Registering yours secures exclusive rights and protects your brand’s voice. In uncertain cases, legal guidance is essential.