Any musical notes or sans or words can be trademarked in India. Earlier only sound Trademark was done in the West i.e. mostly in United States of America, then before few years only the same has been adopted in india and from now in India also sound of a particular product or any sound which is unique is eligible for its Trademark in India. Although the cases of registered sound Trademark are very rare.
There are certain clauses which describes that how sound Trademark can be registered.
First and foremost an Applicant must mention in its application that the application is for the protection of sound mark and not for anything else otherwise like other applications it will be considered as same word and device mark unless mentioned in the Application form.
Registration of a sound mark depends on whether the said sound mark is unique or not, and on the basis of its uniqueness only the registry will decide on its registration. Registry will see everything like by registering ones sound mark it must not hamper any other person’s mark or right.
Now in this blog we have discussed that what sound Trademarks can be registered by the Registry, now we will understand and look the sound marks which cannot be registered by the Registry and they are as follows-
- All those simple pieces of music comprising just one or two notes.
- Common songs used as chimes
- All forms of popular music already in use in entertainment industry and other services
- Nursery rhymes for children cannot be marked for product and services aimed at children.
- Music which is closely associated with a particular region or country for a unique set of goods or services native to that area.