Sound Trademark in
India
With
the enunciation of the digital era the branding of products and services are
not only bounded to pictures, logo or name, they are getting their new size,
shape and dimensions with every passage of time. Sound Branding is one the technique which is the outcome of growing
digital market and products are marking their presence through the sound marks
also.
India,
before the enactment of Trademark Rules, 2017, didn’t entertained the
registration of sound marks, however, with the growing demands, Government has
taken the Sound Branding as a serious point. In world most of the countries provide
for the registration of sound as Trademark.
Five
Notes of INTEL INSIDE BONG which was Composed by Walter Werzowa is one of the
best example of sound trademark. Whereas, many Mobile manufacturer are also
making their Brand Tune to get identified in the Mobile Market through their
unique sound. Other sound mark examples can be taken as follows:
1.
MGM – Roaring Lion
2.
Airtel Music
3.
Nokia Tune
On
a light note Harley Davidson(leading bike manufacturer) once filed the sound
trademark for the exhaust sound created by V-twin Engines. However, they didn’t
get the registration.
Now
the person in India can register their jingles, songs or punchline in audio format
too. Trademark Rules, 2017 provides for the registration of Sound as trademark under
Rule 5, where an application for the registration of a trademark consists of a
sound as a trademark, the reproduction of the same shall be submitted in the
MP3 format not exceeding thirty seconds' length recorded on a medium which
allows for easy and clearly audible replaying accompanied with a graphical
representation of its notations.
This
registration opens the gate for registration of non-conventional trademarks by
India and also gives the complete protection to the Entrepreneurs.
Post your queries at ipr@iprsmith.com.
