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Can slogans register by Trademark ?

Published on April 10, 202210 min read4 comments

In one sentence we can say yes!!

Under Section 2(m) of the Trademarks Act of 1999, a "mark" is defined as headers, labels, tickets, names, signatures, words, letters, packaging, and so on. A group of words is referred to as a "word." In addition, Section 2(zb) defines a “trademark” as a mark that has a distinguishing character that can be graphically expressed.

As a collection of words, a slogan is recognised as a ”mark” under Section 2(m), and it can also be a ”trade mark” under Section 2(zb) because it can be graphically depicted. For a slogan to be registered, it must be distinctive in character, just like any other conventional type of trademark.

Official Trademark Registry Guidelines for Slogan Registration

The Trade Marks Registry created the Draft Trademarks Manual in 2009. It also included standards for registering slogans or phrases as trademarks. Before acceptance, the following criteria have to be considered:

1. Descriptive language– Because the Slogan uses plain descriptive language, it'll be refused for trademark registration because it fails the uniqueness test. These kinds of descriptive phrases can be registered if they're put together or presented in a distinctive/unique way.

2. Ambiguity– A slogan's unclear nature will prevent it from being registered, even if it develops a distinctive character, because it will mislead consumers. Under Section 9 of the Trademarks Act of 1999, this is a reason for total denial.

3. Statements about value, customer service, motivation, or pure promotion- Slogans that are general idioms, phrases, or customer service messages are ineligible for trademark registration because they lack distinctiveness. Generic statements are also those that promote brands directly through language.


Slogans, it might be established, do not have the right to be protected under the Copyrights Act of 1957. They are still considered legal trademarks under the Trademarks Act of 1999, as long as they meet the requirements to be registered as trademarks. This means that these slogans must satisfy the uniqueness test.

For Trademark registration you can contact us on info@dsipglobal.com

#intellectualpropertyrights #trademark #indiantrademarkregistration


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