A tagline can be a trademark — the statutory definition is wide enough to cover a group of words. But most taglines fail, because they’re stitched from everyday language. The real test is whether the phrase actually distinguishes your goods.
What is a tagline?
Taglines are the catchy phrases businesses use to promote products or services — “Have a break, have a Kit Kat,” “Yeh dil maange more.” We hear them daily. The question is what identity they get under Indian trademark law.
The definition is wide enough
Under Section 2(zb), a trademark is a mark “capable of being represented graphically and… capable of distinguishing the goods or services of one person from those of others,” and a “mark” includes device, brand, heading, label, name, word, letter, numeral, shape, packaging or a combination. So technically a group of words — a tagline — is eligible, as long as it distinguishes the owner’s goods or services.
Why a “yes” is hard
The problem is that most taglines are common English or regional words. In the Godfrey Phillips case, considering taglines under the Copyright Act, the Delhi High Court observed that “slogans, however distinctive they may have become, are essentially a set of words that form part of ordinary everyday language,” and won’t be literary or artistic works.
What the Supreme Court settled — Anchor v. P&G
In a landmark ruling, the apex court accepted that taglines/slogans can be valid trademarks, with qualifications. In Anchor Health & Beauty Care Pvt Ltd v. Procter & Gamble, the plaintiff successfully defended its tagline “allround protection” against P&G’s “all-around protection.” The Supreme Court dismissed P&G’s SLP, upholding the Delhi High Court Division Bench.
Two points from the High Court matter:
- whether a particular tagline is valid is for the Registrar to determine at registration — and here it hadn’t been objected to; and
- taglines are used to project the unique qualities of a product not found in rivals — i.e. they must be able to distinguish.
That last point is the crux: if a tagline would apply equally to anyone’s products in a line of business, it’s doubtful it’s “unique” or “able to distinguish.” That’s where the catch lies.
The takeaways
- Taglines are registrable in principle — the Section 2(zb) definition covers a group of words.
- Distinctiveness is everything. A slogan of ordinary words that fits any competitor won’t distinguish and won’t protect.
- Build something unique — coined or distinctive phrasing tied to a real, differentiating quality.
- It’s fact-specific. The product, the nature of the tagline, its popularity and usage all vary case to case.
Frequently asked questions
Can a tagline or slogan be trademarked in India? Yes in principle — Section 2(zb) is wide enough to cover a group of words — but only if the tagline actually distinguishes the owner’s goods or services.
Why do most taglines fail as trademarks? Because they’re made of common, everyday words that don’t distinguish one trader’s goods from another’s.
What did Anchor v. P&G decide? The Supreme Court upheld that taglines can be valid trademarks, protecting “allround protection” and dismissing P&G’s challenge — while stressing the tagline must be able to distinguish.
How do I make my tagline protectable? Make it distinctive — tied to a unique, differentiating quality rather than a claim any competitor could make.
Legislation referred to
- The Trade Marks Act, 1999