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 : No...