How can a brand in India legally protect it’s slogan or sound?

“Brand Identity”—An identity created by the brand for itself or the visible elements of the company’s brand, which include various elements like consumer perception, color, design, and logo, is also known through its catchy slogans and recognizable sonic identities or sounds specific to its brand. Think of Samsung’s “Do what you can’t” and Nokia’s iconic tune as integral parts of their consumers’ memories. If not protected legally, there is a potential of such slogans or sounds might be counterfeited or misused to confuse customers and lure them to your brand. In India’s context, where competition is huge and businesses have expanded across the world, it becomes critically important to protect the brand identities of companies. Various cases of brand imitation and unfair competition are coming into play, for which the legal framework around protecting slogans and sounds has evolved to offer robust safeguards. Businesses can register both slogans and sound marks to protect their originality, prevent unauthorized use, and enhance brand value. Under the Trademarks Act, 1999, and the Trademarks Rules, 2017. This article aims to explore the mechanisms involved in Indian laws to protect these vital branding tools, registration steps, various enforcement strategies, and real-world cases to guide businesses that are aiming to fortify their intellectual property portfolios.

SLOGAN MARKS

According to the Annual Report 2022–23 published by the Office of the Controller General of Patents, Designs & Trademarks (CGPDTM) under the Department for Promotion of Industry and Internal Trade (DPIIT)[1], there was a 17% rise in the registration of non-conventional marks, which includes sound and slogan marks as well. During the year, 25,000+ word marks and 12 sound marks were successfully registered.[2]The Nice Classification system, used in India, has been updated to better accommodate such marks, including taglines, jingles, and sonic logos.

What is a trademark under Indian law?

Under Indian law, a trademark is a form of intellectual property that serves as a unique identifier of goods or services. It helps consumers distinguish one brand from another and protects the goodwill and reputation of a business. A mark may include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors, or any combination thereof.[3]

According to Section 2(zb) of the Trade Marks Act, 1999:

"A trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.[4]"

This broad definition allows for the registration of words, names, slogans, sounds, colors, and even packaging shapes if they are capable of distinguishing one brand from another. Though initially, sounds were recognized under trademark laws, over the years, the law has evolved and taken “sonic identities” under its ambit.

How to protect a slogan legally in India

Relevant Provision: Section 2(zb) of the Trademarks Act, 1999 also governs slogans as word marks, provided they are capable of distinguishing the goods/services. A slogan can be protected as a trademark if it is unique, distinctive, and capable of being associated with the brand in the minds of consumers. Examples such as "Ye Dil Maange More" (Pepsi) and "Thanda Matlab Coca-Cola". [5]

Key Conditions for Slogan Protection:

•  It must not be purely descriptive.

•  It should be distinctive and capable of indicating the brand's identity.

•  It must be filed with the Trademarks Registry under the appropriate class.

Examples include "Ye Dil Maange More" (Pepsi) and "Thanda Matlab Coca-Cola".[6]

In PepsiCo vs. Hindustan Coca‑Cola (2003), the Delhi High Court upheld that Pepsi’s roller-coaster-themed commercial was an original creative work under Section 14 of the Copyright Act, highlighting the legal heft behind non-traditional brand identifiers like jingles and campaign visuals.[7]

SOUND MARKS

According to WIPO (World Intellectual Property Organization), NBC chimes were the first registered sound mark in the U.S. in 1947, and brands like Intel and McDonald’s have protected their iconic audio logos internationally. In the Indian context, Yahoo!’s yodel was the first brand in 2008 to become the first sound mark to be registered, followed by others like ICICI Bank's jingle and the Nokia tune.[8]

Additionally, with the rapid increase in the use of voice assistants, mobile apps, and digital branding, it is critically important for more businesses to seek protection for voice-based identities and catchy taglines that are increasingly replacing visual branding in mobile-first marketing. As per a FICCI-EY 2023 report on India’s media and entertainment industry, the demand for audio IP protection is expected to increase by over 20% annually, driven by podcast branding, OTT platforms, and AI-generated sounds.

[9] HOW TO PROTECT A SOUND MARK IN INDIA

India recognizes sound marks as a form of non-traditional trademark. The procedure and requirements are governed by Rule 26(5) of the Trade Marks Rules, 2017, which states:

"An application for the registration of a sound mark shall be submitted in MP3 format, not exceeding thirty seconds, along with a graphical representation of the sound.[10]"

In Yahoo Inc. v. Akash Arora (1999), the Delhi High Court protected Yahoo’s brand identity when Akash Arora launched a similar website using the domain name “YahooIndia.com.” The court held that, despite Yahoo not having a registered trademark in India, it had acquired a strong transborder reputation. The use of a deceptively similar domain name was likely to confuse users and amounted to passing off. This case was significant in establishing that domain names can be protected as trademarks and that even unregistered marks can receive legal protection if they have acquired distinctiveness and goodwill.[11]

Trademark Registration Process

Apply—File an application first for trademark registration. For this, you have to fill in a form.

Trademark Search—Use the IP India online tool to ensure the mark is not already registered.

Application Filing (TM-A): File an application with the necessary documents, class, and fees.

Examination: The Registry examines the application and may raise objections. You have to satisfy him for the objection raised by solving the problem or by giving appropriate reasoning.

Publication in Trademark Journal—Opposition can be raised within 4 months of trademark publication in the Trademark Journal. And then you need to reply to the opposition within the given time frame. However, if there is no opposition, the application is accepted after 4 months.

In Conclusion, in a highly competitive world and brand-conscious market, the business extends far beyond the logo or its name. Protecting slogans and sounds is not just about compliance—it is a forward-looking approach to securing a brand's intangible heritage and ensuring its lasting resonance in the consumer’s mind. Slogans and sounds have become the most powerful storytelling tools, which can shape a brand’s popularity. Whether it’s a catchy phrase that sticks or a memorable jingle that resonates, these elements deserve strong legal protection. And in India’s huge business landscape, where thousands of brands function, it becomes critically important for businesses to protect their brand’s value. With provisions under the Trademarks Act, 1999, and the Trademarks Rules, 2017, India provides a well-defined pathway to protect these non-traditional marks. By understanding the complete mechanism and leveraging legal remedies, companies can shield their brand identity from imitation and misuse.