Sound Trademark Registration in India

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.