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ARTICLE · 01 JUNE 2017

Protecting A Slogan

Slogan carry the philosophical burden of a brand. Slogan conveys the message of the business alongside the brand and at times it is the brand or more important than the brand.

IndiaIntellectual Property
N. Mahabir
N. Mahabir
  1. Slogan carry the philosophical burden of a brand. Slogan conveys the message of the business alongside the brand and at times it is the brand or more important than the brand. Slogans give a halo to the business or brand appeal and also referred to a tag line.
  2. Slogan can thus be protected through common law remedy of passing off. The Single Judge of the Delhi High Court in the case of Pepsico Inc. vs. Hindustan Coca Cola Ltd. & Anr. held that slogans can be protected through a passing off action (at para 70), Can Slogan be also protected through under any of the statues.
  3. Trade Mark Applications are filed for registration of Slogan. Slogans are protected as trade mark under Section 2(m) and 2 (zb) of Trade Marks Act, 1999. In the case of Procter and Gamble vs. Anchor, the Division Bench of the Delhi High Court highlighted the importance of slogans:

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