Trade Slogans: Where Do They Stand In India

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