Advertising significantly influences any brand’s ability to leave a lasting impression. Advertisements using memorable phrases, slogans, or taglines are far more effective than others. A catchy slogan may ultimately become a crucial component of your brand’s identity and for precisely that reason, you ought to get trademark registration online done by using trademark registration services.
Let’s evaluate every factor that goes into the registration of a slogan as a trademark.
How can slogans/ taglines benefit a company?
Slogans are a group of words that are used in combination with a brand name or logo to make a unique impression. Slogans serve as a helpful tool for keeping the brand in the minds of customers.
Many have utilized slogans, catchphrases, and taglines to stir up interest in their target market. Before we discuss legal protection of a slogan, let’s first understand the significance of a slogan for new businesses.
What is the importance of trademarking a slogan?
The points listed below highlight the importance of trademarking a slogan for your brand :-
1. Increased credibility
When you trademark a slogan, your brand’s credibility rises and people begin to link the phrase to your brand name, particularly if the slogan is completely one of a kind.
2. More likely to stay in the public’s memory
Similar to the television commercials, catchy slogans might cause us to repeat them in our minds. People will begin to recognize your brand by its tagline if it has a memorable, unique phrase. For instance, when you hear someone say, “I’m Lovin’ It” you generally think of McDonald’s first.
3. Protection against infringement
It is extremely difficult to defend the fine line between infringement and inspiration when it comes to mind creations. It is crucial to take all essential precautions to preserve the brand if your slogan has contributed to your branding. You can obtain exclusive legal rights to use a slogan that is essential to your branding by trademarking it.
4. A legal document proving ownership
You have the sole right to protect your slogan from infringement by third-party imitators after you have legal proof of its ownership.
Do you know any court cases where a company won a case because of trademarking? Comment below!!
Basic criteria for trademark registration of a slogan
Trademarking a slogan is subject to the following conditions :-
- Your brand must be easily recognizable from the slogan. Take AMUL, for instance, whose tagline “The taste of India ” has become quite popular over time.
- Before registering a slogan as a trademark, ensure it does not describe the goods or services you deal in. For instance, Red Bull was successful in having its slogan registered despite the fact that the tagline, “Red Bull Gives You Wings” is in no way descriptive of an energy drink.
- A slogan can be registered as a trademark if it is not sufficiently distinctive but has gained a completely new meaning due to widespread use and brand goodwill. “Because you’re worth it” ( L’Oréal ), can be confused for a quote of inspiration. But because the slogan has earned the brand a lot of goodwill via its use, it has become distinctive and is now a registered trademark slogan.
- For the phrase to be registrable, it must be widely used in the market while promoting the brand.
How to register a trademark in India for a slogan?
The process for trademark registration online of a slogan is the same as that for registering your brand name or logo.
The steps consist of:
- Filing the TM Application
- Examination by the Registrar
- Responding to the Examination report within one month
- Show Cause Hearing
- Publishing an advertisement in the TM Journal
- Third-Party Opposition
- Registration or Refusal
Parle Agro and PepsiCo Battle Over Being Bold!
The slogan “For the Bold” was a registered trademark of Pepsi Co. Nacho Chips – Doritos had made heavy use of the slogan in both production and marketing. Parle Agro invented a drink named “B Fizz” in the year 2020. With the slogan “Be the Fizz! For the Bold!” They rapidly began marketing the brand. Against Parle Agro, Pepsi Co. filed a lawsuit for Rs. 2 crore.
This instance demonstrates the value of legal protection and the need for trademark registration online!
How did PepsiCo safeguard its reputation as well?
Pepsi is a soft drink sold under the Pepsi Co. label. Thums Up and Coca-Cola, however, are both marketed under the label of Coca-Cola. The tagline “Ye Dil Maange More!” was used in Pepsi Co. campaign launched, and it helped Pepsi’s branding rocket. A few months later, however, Coca-Cola released a new ad campaign that made fun of the Pepsi product by utilizing the phrase “Ye Dil Maange No More” The court ruled in favor of Pepsi Co., which had sued for infringement of its slogan, and protected its reputation by passing an injunction order against the mocking advertisement.
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