Introduction
Trademarks commonly consist of words, names, logos, or symbols that serve to identify the goods or services of one manufacturer or seller from the others. As the world revolves the development of branding and marketing, more and more companies have sought to create consumer recognition in non-traditional marks; colours, shapes, smells, sounds. Of these, sound marks are particularly appealing as they have the power to immediately evoke emotional responses and recall in the minds of the listener. In India, registration of sound marks is possible under the Trade Marks Act, 1999, but specific parameters relating to graphical representation (S. 2 (1) (t) of the Act) and distinctiveness must be satisfied. We can see a great example of this in the universally known “ta-dum” noise of Netflix that has become a distinctive audio cue for the brand. In order to comprehend how such a sound can be trademarked in India, we need to clearly look into what is the legal source, pre-requisites, competent and the process that must be followed in order to reach the destination step by step.
Concept of Sound marks
A sound mark is a type of trademark in which the unique identifier is some kind of sound, rather than a word, phrase, symbol, or image. Trademark law has traditionally cantered on visual cues, but as commerce evolves courts and trademark offices around the world are increasingly recognizing that sound can play an identical role: identifying goods or services.
A sound mark can be anything from a short melodic sequence (jingles) to a more complex one (one that is closer to an animal roar, but yet repeatable and distinct). The idea for this approach is that when a tune is played, consumers will immediately associate the melody with an identifiable source or brand, without requiring any visual logo or text.
Much of the discussion of sound marks is theoretical and focuses on people as perceiving beings. Sounds are ephemeral, evanescent and subjective as opposed to a logo that can be permanently fixed on paper. It is a more difficult legal claim as a result. However, some countries, notably India have adopted sound mark as a type of trademark within the larger category of ‘marks.
Legal Protection of Sound Marks – In India
Trademarks in India are regulated through the provisions of Trade Marks Act, 1999. (a) What Is Trademark section 2(1) (zb) of the said act providing the definition of a trademark which says313 “trademark is defined as follows: –Trademark” means a mark capable of being represented graphically and which is capable distinctly marked or signed for description in India, businesses to distinguish the goods or services from one person to whom they belong from those of others.
“Any sign capable of being graphically represented which is capable of distinguishing the goods or services of one undertaking from those of other undertakings…”
This definition refers to sound, shapes, packaging and colours. However, Indian law and the evolution of regulation have been interpreted “capable of being represented graphically” broadly enough to include even non-traditional marks like sound.
The recognition of sound marks as a registrable trade mark hit an important note after the introduction of Trade Marks Rules, 2017. Rule 26(5) -Submitted as an MP3 file lasting no longer than 30 seconds along with the visual reproduction of the musical notation. This legal recognition brought Indian law in line with global best practises, which were implemented in United States and European Union.
It also arises out of the commitments that India has made under the TRIPS agreement (1994), in accord with which any sign capable to distinguishing goods or services needs to be protected. The TRIPS agreement does not restrict trademarks to visual signs so India can broaden it to include auditory marks.
Requirements for Trademarking a Sound mark
Distinctiveness
The foundation of any trade mark is uniqueness. In order to be eligible for registration, a sound mark must either be inherently distinctive (when heard) or it may have distinctiveness by having attained secondary meaning. There are some sounds that are inherently different. Sounds not commonly accepted as associated with the goods/services. It would be like Yahoo and its yodel, except weird as hell itself.
There’s also the issue of acquired distinctiveness, which is when consumers have become accustomed to a sound being associated with a brand (like Nokia).Generic or everyday sounds, such as a doorbell or a regular alarm beep, would not be eligible.
Graphical Representation
Winners
The law of trademark has always called for a mark to be “graphically represented” for purposes of registration and enforcement. This has been difficult for sound marks. The Indian Rules now permit:
- MP3 file submission (maximum duration of 30 seconds).
- Notation of music (staff notation) for the sake of non-ambiguous graphic representation.
This serves the purpose of fixing the sound in a tangible medium and preventing confusion as to its extent.
Non-functionality
It is a basic doctrine of trademark law that what is functional may not be appropriated. The same applies to sounds. If a sound is an important product feature, it cannot be registered as a trademark. For example, the sound of a revving motorcycle engine would be considered functional and so ineligible. On the other hand, a jingle or meaningless song created by artificial intelligence is considered eligible.
Consumer Association
A sound mark must be capable of acting as a source identifier. This would need to be proved by showing that the sound is widely recognised as belonging to a particular product. Surveys, ads, consumer awareness / recognition studies and longevity are what define this metric.
Brevity and Clarity
Case Study 1: a handicraft cooperative in Rajasthan, an SMARTE entrepreneur who is small maximal and reactable
The sound file you submit for registration must not be longer than 30 seconds – this is because long recordings tend to “drag” down distinctness. With few sharp sounds it makes a better mark and can be examined visually with less trouble.
Authority Involved in Sound mark Registration
Institutional Authorities The governance of sound marks can be managed by several institutional authorities in India:
This is the first authority below the Controller General of Patents, Designs and Trade Marks (CGPDTM). The Office will review sound mark applications for the purpose of consistency with established law and criteria.
Trademark Examiners – the job responsibilities of a Registrar are not carried out by that individual, but rather are handled by trademark examiners, who review applications for distinctiveness, graphic representation and perhaps more importantly whether any conflict with prior registered marks has been made. They are entitled to object under the provision in Section 9 (absolute grounds) or on provisional basis for relative grounds under section 11.
Registrar, Trade Marks – The Registrar is the final arbiter in allowing or refusing to accept a sound mark.
High Courts (post-2021) – All disputes and appeals regarding sound marks are made before the High Court after tribunal changes.
Accordingly, the Indian structure offers an adequate institutional architecture to protect and adjudicate sound mark rights.
Case Laws on Sound marks
Yahoo Inc.’s Yodel Case
Yahoo became one of the earliest entities to successfully register a sound mark in India—the iconic Yahoo yodel. The Registry accepted it on the grounds that it was globally recognized and inherently distinctive. The case highlighted that even a short and unusual sound can qualify as a trademark. It remains a benchmark for auditory branding in India.
ICICI Bank Jingle Case
ICICI Bank has registered its corporate jingle in India as a sound mark and is one of the first Indian companies to achieve this distinction. Jingle had developed secondary meaning through continued use in advertising and thus was entitled to protection. This showed that Indian industries could exploit sound marks, as long as they put in enough effort to make the consumers know them.
Nokia Tune
A ringtone of the brand, is among the world’s most easily recognizable sound marks. In India, where the tune was ubiquitous, there were questions of whether widespread use dilutes identity. In the end, his claim was accepted, since consumers could only associate that melodic tone with Nokia phones. It thus illustrated that the fact of ubiquity does not preclude distinctiveness, so long as there is association.
ITC Limited (SunFeast Jingle Case)
ITC had applied for registration of its Sunfeast biscuit jingle. The Registry looked closely at whether the sound had just been promotional, or was in fact unique. Though jingles are commonly employed in advertising, not all are entitled to trademark status. The case underscored requirement from evidence consumer connection, not just commercial use.
Yahoo Inc. v. Akash Arora (1999)
Not a sound mark case but I include this Delhi High Court decision on the ground that it was held phonetically similar marks too could confuse. The court acknowledged the potential importance of sounds in branding, laying doctrinal groundwork for a protection of sound-based trademark claims.
Challenges in Sound mark Registration
Subjectivity of Perception
Sounds are not experienced in the same way as logos and words by everyone. A song that sounds special to one listener may sound routine to another. This subjectivity makes examination difficult.
Graphical Representation Difficulties
Although submitting in MP3 format resolves some of the issues, developing and agreeing on a generally acceptable graphic representation remains an issue. Non-Musical Sounds – Roars / Beeps: There are non-musical sounds that cannot be effectively represented using musical notations.
Distinguishing from Copyright
Musical works are already covered by copyright law. The main point is that sound marks and copyrighted compositions not be confused. The difference is the intent:
Copyright protects the artistic work.
Trademarks on the sounds serve the function of source identification.
Proving Acquired Distinctiveness
For most brands, proving that consumers now associate a sound only with them demands costly surveys, market research and records of advertising. This increases the expense of covering themselves.
Enforcement Issues
Enforcing registration of sound marks against infringers is not simple. Unlicensed use may appear in advertising, social media, or just out in the world, challenging its discovery
Global Outlook and Impact on the India
The world has known sound marks for centuries. Some iconic examples include:
- MGM Lion’s Roar – registered (in the US).
- Intel’s Five-Note Bong – sound mark protected in many countries around the world.
- Harley Davidson’s Engine Sound – US application refused for non-distinctiveness.
These universal practices had an impact on Indian practice. India’s acceptance of sound marks in the 2017 Rules brought it into conformity with global status and WIPO recommendations. The Indian Registry has also become receptive to applications in line with the EUIPO and USPTO system making it a globalized approach across jurisdictions.
Future of Sound marks in India
The future of sound marks in India seems bright with the growing culture of digital branding. Potential developments include:
Adoption of Sound marks: it’s quite likely to see other Indian companies in banking, media and e-commerce follow this trend towards consumer engagement through sound.
Precedent: Lower court decisions in the future will flesh out the standard for distinctiveness and what it takes to show a prima facie case.
AI-guided Analysis: Examination authorities can use AI-driven tools to analyse sound similarity and minimise human subjectivity.
Compatibility with Technology: Alongside voice assistants, podcasts, AR/VR marketing and beyond, sound marks will become one of the cornerstones of multisensory branding.
Conclusion
Sound marks are illustrative of the redrawing of I.P. law in accordance to evolving patterns of commerce. In India, the transition from the Yahoo yodel to ICICI’s musical jingle shows just how essential sonic signatures have become. The Trade Marks Rules, 2017 laid down the process for registration of sound marks, thereby aligning India with international practice
There are still challenges including subjective test, graphical representation and overlap with copyright but the law has laid a strong foundation. With growing popularity of multisensory marketing in India, sound mark will be an important Resource for brand distinctiveness.
In an environment in which consumer attention is scattered, a unique sound can be as potent as a
In an environment in which consumer attention is scattered, a unique sound can be as potent as a logo or the briefest of slogans. Like Netflix’s, which instantly registers with audiences thanks to its sound, I
In an environment in which consumer attention is scattered, a unique sound can be as potent as a logo or the briefest of slogans. Like Netflix’s, which instantly registers with audiences thanks to its sound, Indian firms could use their distinctive sounds to establish emotional and enduring linkages with consumers.
to establish emotional and enduring linkages with consumers.
Like Netflix’s, which instantly registers with audiences thanks to its sound, Indian firms could use their distinctive sounds to establish emotional and enduring linkages with consumers.
