SOUND TRADEMARKS: A PROMINENT WAY OF IDENTIFYING GOODS AND SERVICES
Earlier in the vast world of trademarks, only those marks were considered trademarks, which can be represented graphically and can be distinguished from other brands with the human eye due to their visual elements. But due to a rapid surge in competition in the market, businesses are persistently seeking innovative ways to make their products stand out in the crowd. Due to the advancement in technology that came into play due to its unique ability to identify any brand, i.e., sound trademarks,
What exactly is a sound trademark?
Sound trademarks are non-conventional trademarks. It refers to the mark that differentiates the goods and services of a company from another, just like other trademarks, through audio rather than visual representations. It basically consists of a distinctive sound associated with a brand or product that serves as a source identifier.
In the Indian context, the term sound trademark is not explicitly defined by the Trademarks Act, 1999. But the Trademarks Rules of 2017 specifically recognize sound as a type of trademark. The act further states that sound can be protected under it if it can be visually represented by a series of musical notes, either with or without words.
Some of the instances of sound trademarks are the guitar sound of Nokia, IPL’s intro tune, the ringtone of Airtel composed by A.R. Rahman, the four-bell sound of Britannia, McDonald’s I’m Lovin’ It jingle, and so on.
In 2008 Yahoo Yodel was the first sound mark that was granted registration in India and the corporate jingle of the ICICI bank was the first Indian entity registered for a sound mark.
Registration of sound trademarks in India:
Registration of a sound trademark is not at all mandatory under the act. But if a product of a company has a unique sound and is prominent among the general public, then it’s a clever move to register a trademark in order to avoid any future infringement. The major legal considerations for registering a sound trademark are stated here:
A sound trademark must be unique and capable of being distinguished from other goods and services.
- It must be submitted in MP3 format.
- It should last for no more than 30 seconds.
- The application for registration of a sound trademark must be filed on Form TM-A.
- The application must state that trademark registration is for sound marks.
- Sound must comprise musical notes, relative value, pitch of the music, flats, sharps, etc.
What can’t be registered as a sound trademark?
- Very simple musical compositions consist of one or two notes.
- Songs are usually used as chimes.
- Any well-known music used for any park or amusement service.
- Nursery rhymes of children.
- Music that is strongly associated with any particular region in respect of goods and services originated in that area.
Generally, businesses, whether small-scale or multinational, are captivated by the emergent trend of sound trademarks as they offer a plethora of advantages. They help a business make a strong presence and stand out in the market. They help build an emotional connection with the target audience and leave a memorable impact on them. In that way, it contributes to the overall growth of businesses and assists in generating more revenue with a strong brand image.
Of course, sound trademarks offer numerous benefits to companies, and undeniably, it’s an innovative way to make your brand stand out in the competition and leave a long-lasting impression on potential consumers. But to choose a sound that is memorable, unique, and melodious is a very complex task. Therefore, it’s very crucial to craft a sound with unique and distinctive notes that evokes emotional connections with consumers.