trademark of slogan

Why Should You Trademark a Slogan for brand?

PUBLISHED ON: Dec 09 2022
PUBLISHED IN: Trademark

Advertising is essential for a significant effect on any brand registration. Advertisements with memorable phrases, slogans, or taglines receive far more attention than others. You should register a slogan for the brand as a trademark!

Let's examine all the factors considered in registering a slogan for the brand as a trademark.

 

What is the Trademark?

A trademark is an intellectual property with a consistent symbol, design, or expression that identifies products or services from other sources. Brands found on a package, label, or product. Service marks are trademarks that identify services.

How Can Slogans and Taglines Help Your Business?

Slogans and trademarks are words used in conjunction with brand names and logos to create an impression. When you hear the phrase "I'm Lovin' it," you instantly think of McDonald's.  Slogans serve as a helpful tool in keeping brand registration in the minds of consumers.

Using slogans, catchphrases, and taglines by startups in different industries to generate buzz among their target market is widespread. Before we discuss how to protect a slogan, let's first understand how important it is for new businesses.

Why Is It Essential to Trademark a Slogan for a Brand?

The following reasons highlight the importance of trademarking a slogan for brand registration:

Enhanced Credibility-

When you copyright trademark a slogan, it enhances the credibility of your brand and causes people to associate the slogan with your brand name, especially if your logo is unique and different.

Easier for the public to remember-

Similar to the television commercials we see in India, catchy slogans can cause us to repeat them in our minds. Suppose you get a brand registration with a memorable, distinctive slogan and brand name that consumers will begin to identify with. For example, "Daag Acche Hai" has become so popular that we recall it whenever it features in an advertisement for Surf Excel. It is the most important point to consider while thinking of registering a slogan for brand.

Infringement Protection-

It is difficult to defend the fine line between infringement and encouragement for mental creation. If you Copyright trademark it, you get exclusive rights under the law to use a slogan whose value is essential to your brand. So, if you have a catchphrase that has helped your brand image, you must take all necessary precautions to protect the brand!

Proof of Legal Ownership-

You can defend your catchphrase against third-party imitators if you have legal documentation proving that you are the owner of the mark. Joy Creators have used the slogan "Poshan wala Lotion" since 1996, and Nature's Essence came up with "Sampurna Poshan wala Loshan" in 2013. The Delhi High Court governed in favour of Joy Creators and advised them to secure their trademark.

In addition to these advantages, slogan trademarks are also eligible for all the online uses associated with copyright trademark registration.

The Fundamental Requirements for Registering a Slogan for Brand.

A slogan, like any other conventional or non-conventional trademark registration online, is subject to the following conditions:

  1. The slogan should be unique enough for people to understand your brand.
  2. Make sure the phrase you want to trademark is separate from your goods or services.
  3. A slogan may signify itself as a trademark, so even if it lacks sufficient uniqueness, it can take on a whole new meaning due to widespread use and brand goodwill.
  4. For the phrase to be registrable, it must be widely used in the marketplace while promoting the brand.

In India, How to Trademark a Slogan

Registration of a slogan is similar to enacting a brand name or logo. The steps are as follows:

  1. Submit the TM application.
  2. Registrar's Examination.
  3. Within one month, respond to the examination report.
  4. Hearing to Determine Cause.
  5. Advertisement in the TM journal.
  6. Opposition from a Third Party.
  7. Refusal or Registration.

Registration Of Trademarks In India

A trademark is a unique identity that differentiates your company, product, or service from the competition. It safeguards your investment in building customer trust and loyalty. Your company's intellectual property or intangible asset is a registered trademark.

By trademark registration online, you give yourself the legal right to sue anybody who tries to use a related trademark without your permission.   

What Kinds of Trademarks Are Available?

You can register many aspects of your brand's image as a trademark. To contemplate which aspect of your brand stands out from other competitors to your customers. Select the relevant aspects for trademark registration online:

  1. The name includes the following elements: product name, company name, person's name or surname, and abbreviations. 
  2. Symbol/Logo.
  3. The tagline.
  4. Other options include colour marks, speech marks, and scent marks.

What Is the Importance of Trademark Registration Online?

A company should consider trademark registration online because:

  • It highlights your different personalities.
  • It helps with the growth of customer loyalty and trust.
  • It gives legal protection for your brand identity.
  • It is a valuable asset in and of itself.
  • It protects your brand's identity from unwanted use.

Documents Required for Trademark Registration

You must first provide us with the following information about trademark registration:

  • The name of the applicant
  • Type of Business
  • Goals for the company
  • The name of a brand/logo/slogan
  • Registrant's contact info

The following documents are required:

 

Conclusion

There is a need for slogans and phrases as part of advertising campaigns because businesses want to attract the public to their products and services. Slogans and phrases can be trademarked if they are distinguishable and can be used to identify the brand, goods, and services sold under them. Protect and secure these brand assets to make them appealing.

It is always wise to seek the best professional help in legal matters. Our team of experts in Lawgical India will walk you through every step. Register a slogan from the convenience of your own home! 

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