
Under Section 2(m) of the Trademarks Act of 1999, a "mark" is defined as headers, labels, tickets, names, signatures, words, letters, packaging, and so on. A group of words is referred to as a "word." In addition, Section 2(zb) defines a “trademark” as a mark that has a distinguishing character that can be graphically expressed.
As a collection of words, a slogan is recognised as a ”mark” under Section 2(m), and it can also be a ”trade mark” under Section 2(zb) because it can be graphically depicted. For a slogan to be registered, it must be distinctive in character, just like any other conventional type of trademark.
1. Descriptive language– Because the Slogan uses plain descriptive language, it'll be refused for trademark registration because it fails the uniqueness test. These kinds of descriptive phrases can be registered if they're put together or presented in a distinctive/unique way.
2. Ambiguity– A slogan's unclear nature will prevent it from being registered, even if it develops a distinctive character, because it will mislead consumers. Under Section 9 of the Trademarks Act of 1999, this is a reason for total denial.