Trade slogans are mostly in the form of phrases or sentences or catchy words which are primarily useful in advertising the product. One of the prime feature or qualification of a trademark is that it should be identified with the product. Once the slogan attains the quality of being identified with the product, they can be brought within the ambit of trademark.
The Supreme Court of India in Gomzi Active v. Reebok India Co & Anr. 2007 (34) PTC 161 (SC) was invited to settle the dispute as to whether the plaintiff was entitled to hold a particular slogan either as a logo or trademark.
Gomizi Active/Plaintiff/Appellant claimed that they are the users of trade slogan "I am what I am" on garments since 1998, which accordingly is distinctive in style and design. Gomizi Active further claimed that they are first in using the logo and hence, they alone are entitled to claim rights over the said slogan as a trademark. The allegation leveled against Reebok/Defendants/Respondents is that they have stolen or pirated the above slogan thereby infringing the proprietary right and intellectual property rights of Gomizi Active. Aggrieved by the above fact, Gomzi Active preferred a suit seeking permanent injunction and payment of damages and rendition of accounts.
The trial court while considering the case held that Gomzi Active carried on the business under the trade name ‘Gomzi’ and not "I am what I am". The court also found that Gomzi did not file any application to get the slogan registered as a trademark until May, 2005, hence it cannot be construed as the logo or trademark of Gomzi. Aggrieved by the finding of the trial court, Gomzi filed an appeal to the High Court. The High Court partially allowed the appeal and directed the trial court to dispose the suit early, preferably within six months. But, Gomzi Active were aggrieved with the stance of the High Court in respect of the trademark and hence they preferred the appeal before the Supreme Court of India.
The Court enlightened with the principle that an action for infringement would fail where the plaintiff could not prove registration, held that the present factual situation make the position clear that grant of interim protection would not be proper. As the High Court had already directed the disposal of suit within six months and that being the proper course, the appeal was disposed off making clear that whatever views are taken by the High Court or trial court, would be tentative and not final. In the present world, the mark, logo, get up and slogans are increasingly used for the promotion of a product. It is a true fact that in many cases the slogans have more close affiliation and identity with the product than that of the mark or logo. Precisely, slogans have attained the quality of being identified to a particular product, thus becoming the source identifier, which is the primary qualification of a trademark.
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