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Generally speaking, a slogan is a group of phrases that sums up a brand registration or its products and services. These catchphrases, which can also be brand jingles or taglines, are essential to marketing and advertising. They have a catchy and easily re-collectible quality, which is important for building brand and product association.
Slogans that are unique and serve to represent products or services from a single source may be eligible for trademark registration. In contrast to logo registration or wordmarks, slogans are composed of a number of words. During processing, slogans will be handled as word marks, and it is the applicant's responsibility to demonstrate that the slogan has become unique.
Simple and descriptive slogans are not eligible for trademark registration. For instance, “WE SERVE GOOD FOOD”, a restaurant motto that explains in plain terms the goal of the establishment, cannot be trademarked. Conversely, original or created expressions such as "THE BEST WAY TO PREDICT THE FUTURE IS BY CREATING IT" have been registered as trademarks since they do not simply describe a service and are not often used in the sector. Thus, catchphrases that are original and created can be registered in India.
According to Section 2(m) of the Trademarks Act 1999, headers, labels, tickets, names, a signature, words, letters, packaging, and other items are all considered "marks." A group of words is included in the definition of "word." Furthermore, a mark having a distinguishing quality that might be graphically expressed is considered a "trademark," according to Section 2(zb). .
The process is similar as it is for registering any regular trademark. As per Section 18 in the Trademarks Act of 1999, an application must be submitted using form TM-A. The uniqueness of the slogan will be determined by creating an examination report, after which a trademark will be approved, partially approved, or denied. The application for the Slogan's registration under Section 21 gives the public a four-month period from the Slogan's first publication in the Trademark Journal to object to the brand registration.
Making customers happy is a common value or vision statement found in many organizations. Such company values, visions, or purpose statements lack any distinguishing quality, hence they cannot be copyrighted as slogans.
Inspirational sayings and mottos like "YOU CAN DO IT" or "ANYTHING IS POSSIBLE" are not eligible for trademark protection since they are deemed non-specific to any specific product or service. Therefore, motivational sayings in general are not eligible for trademark registration.
Generally applicable words about customer service that might be used by any kind of business are not suitable for trademark registration. For instance, the motto "PUTTING OUR CUSTOMERS FIRST" is not protectable as a trademark.
It is not possible to register promotional messages like "SAY IT WITH ROSES" as a trademark. In the giving industry, the phrase "SAY IT WITH ROSES" is frequently used. It is straightforward and descriptive.
Words about the user, such as "WORLDS BEST FATHER," "I LOVE MY DAD," and other phrases, are frequently printed on t-shirts, mugs, and other souvenirs. Simple, descriptive marks like these are not allowed to be registered as trademarks.
The Trade Marks Registry produced the 2009 Draft Trademarks Manual. It also included instructions on how to register words or slogans as trademarks. The following criteria needed to be taken into account prior to approval:
The Slogan will be denied trademark registration because it does not meet the distinctiveness requirement when written in simple, descriptive terms. As long as these kinds of descriptive phrases are put together and presented in a distinctive way, they might be registered.
Even if a slogan gains distinction, its unclear nature will prevent it from being registered because it will mislead the buyer. In accordance with Trademarks Act of 1999, Section 9, this is a reason for a complete denial. For instance, Best Buy was unable to register the trademark "We set hire standard" because of its ambiguity and potential to deceive consumers.
Generic phrases, quotations, or customer service communications that lack uniqueness are not eligible for trademark registration. Generic statements are also those that use language to directly promote brands registration. As an illustration, Nestle Kit Kat applied to register the tagline "Have a break..Have a Kit Kat" as a trademark. However, the application was denied during the brand registration process, and the courts refused to recognize it as a trademark because of the statement's generic nature.
For companies that provide services in the areas of marketing, advertising, and business management, trademark class 35 is essential. When a trademark is registered under this class, it might offer legal defense against rivals attempting to utilize the same name, logo, or tagline.
The Copyrights Act of 1957 does not grant any protection to slogans. As long as they meet the requirements necessary for being registered as trademarks, they are still recognized as trademarks under the Act on Trademarks of 1999. This suggests that these slogans need to meet the uniqueness requirement.
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