In a groundbreaking development, Indian Trademark authorities, for the first time, have registered a sound mark in India.
The distinctive yodel of the US internet services company, Yahoo Inc., became the first sound mark to get a certificate of registration from the Trade Marks Registry at New Delhi.
A sound mark is a non-conventional trademark where a particular sound does the function of uniquely identifying the commercial origin of a product or a service unlike the other traditional form of trademarks that include words, signatures, names, devices, labels, numerals, acronyms, logos etc. In the case of sound marks, a certain sound is associated with a company or its product or services - much like the famous example being the MGM's roar of a lion. As media reports suggest, several other companies are now queuing up at the Trade Mark Registry in different parts of the country to get their sound marks registered.
Even after the enactment of the new Trade Marks Act 1999, which came into effect in 2003, the Indian authorities were reluctant to acknowledge the need for granting sound marks to companies as uniqueness of sound was perceived to be difficult to be expressed. Sound is also used to assert brand presence by companies along with visuals.
As per media reports, the international register of trademarks under the administration of World Intellectual Property Organization, a UN agency, has issued 35 sound marks, 526 three-dimensional marks and more than 3,000 colour marks.
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