Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

E-mail login                       Password

Free Email Sign Up

Main Categories
 Accident Law
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments

Published : April 06, 2016 | Author : jessica
Category : Intellectual Property | Total Views : 935 | Unrated

My formula for living is Simple. I worked hard in disciplining myself with the art of writing.

Design Your Sound - Make Your Sound A Mark

In India, the Trademarks have been limited to the registrations of conventional marks. The standard set of marks comprising of letters, numerals, logos, symbols, words, labels and figurative devices or including the combination of these elements. In 2008, India obtained the first sound mark of the “YODEL” by YAHOO and boldly crossed the threshold from registrations of traditional trademarks to registrations of non-traditional trademarks.

A non-traditional trademark also known as non-conventional trademark is any type of trademark, which does not fall under the pre-existing customary category and at the same time fulfills the crucial functions of identifying the commercial origin of the goods and services. Every innovative idea of the mind can be legally protected and commercially exploited. The discipline of Intellectual Property Rights helps in converting an intangible property of the mind and lawfully preserving into a tangible property. The Non-Conventional Trademarks therefore may be non-visible signs and visible signs. Visible Signs are marks comprising of distinctive colors, shapes, moving images, holograms and positions are distinctive marks like sound, smell, taste and texture. A person is often perplexed as to how registration of non-visible marks such as a sound mark, an olfactory mark, a gustatory mark or a tactile mark can be registered without the mark being physically visible. This article shall determine how a sound mark, a non-visible mark be registered as Your Trademark.

The Swedish Mall Emporia has also found success using soundscapes to help guide customers. This concept shall bring many contemporary innovations in many other countries. A sound designer can trademark environmental sound designs. Sound designs can be subject to copyright as well. However, it becomes inefficient at the time of dispute to prove its accurate source, as the designed sound shall be non – registered right. A trademark registration can be extended for perpetuity, which is beneficial for a sound designer. Every Registry of Trademark publishes the sound mark in a Public Journal that records the filing date and the proprietor.
In practice the registrations of a non-conventional trademark is similar to a conventional trademark. These marks have been registered under the Community Trademarks. A person seeking to register a non-conventional trademark such as a sound, it is vital to understand that the intellectual property rights considers every identifier as registered and legally enforced so long as they are capable of identifying the source of the goods and services. The registrations of sound marks shall be considered as long as the evidence of distinction and exclusivity is maintained.

India is party to the multilateral agreement which gives a broader interpretation on the definition of Trademarks under Article 15 of The TRIPS. In India, sound marks can be registered if they are capable of being represented graphically which shall be in the form of musical notes satisfying the requirements of graphical representations under the Act.

Thomas Mc Carthy supplemented, “One cannot come to the Bottom-Line conclusion that any term is in the public domain until one has exhausted all of the possible area of exclusive intellectual property rights.”
A sound mark must be precise in a written description that the particular sound must not be confused or conflict with any other sound mark in the commercial industry. The registration requires the musical note composition in a Compact Disc containing the music file in a compatible format required by Registrar of Trademarks alongwith the valid documents for registrations.

In the Shield Marks Case, The European Court of Justice held that musical notes comprising a stave and a cleft is intelligible, precise and stable method of representing sound and hence is a satisfactory form of graphical representation.

From the Lawyer’s Desk

Audio Branding is defined as the strategic use of sounds for positively differentiating a good or services, enhancing a recall, creating preferences, building trust and even increasing sales

The Research and Development Department concluded that a non-conventional trademark caters to every segment in the commercial industry. A visual perception of a brand often becomes difficult to comprehend by a person who is deficient visually or restricted by education. Therefore, a sound mark facilitates the consumer by giving an additional breakthrough within a shortened span of time. A sound mark is an ideal preference for every person who wishes to apply for a novel non-conventional trademark. A sound mark has a mnemonic quality for preserving uniqueness and relevancy to the brand. A sound mark has the ability to create a memory and recall with the audio of the particular brand. We advise to everyone is that every person must legally protect the sound which identifies the goods or services as a trademark. 



1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Intellectual Property category
Bajaj Auto Limited
Copyright Societies
Trademark Infringement and Remedies
Infringement of trademark and what constitutes honest practice in relation to trade and bussiness
Passing off under trademark
Trade Mark Law in India & Its Violation
Originality Under Copyright Law-Is There Any Definite Standard?
Patenting of Micro-Organisms in India: An Overview
Section 25 of The Trade Marks Act, 1999
Product Patent & Exclusive Marketing Rights
Indian Copyright Software
Competition Law and Intellectual Property Rights: Confronting Paradigms
Competition Law vis-a-vis IPR rights
Author's moral Right
Most recent articles in Intellectual Property category
Semiconductor Integrated Circuit-Prevent Chip Pirates
Semi conductor integrated circuit lay out design protection
Patent for technological companies
International Commercial Arbitration
Trademark infringement and passing off Indian pharmaceutical industry
Protecting Tradition And Culture In India Development of A Sui Generis System
De Jure Mobile Applications under the IP Law
Sports and IPR
Protecting Tradition and Culture in India: Development of A Sui Generis System
The Effectiveness of the Remedies for Copyright Infringement
National IPR Policy 2016
Trademark Law in Music and Film Industry
Trademark Infringement and Passing off in the Indian Pharmaceutical Industry
Design Your Sound Make Your Sound A Mark
Brand Protection Agency Racket in India?
WHY a Registered Trademark in INDIA

Article Comments

there are no comments...

Post Your Comments


Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes

BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit


Note : Currently, user comments are moderated and will be posted only after approval.

Please login or register a new free account.

Random Pick
Cloning is a very interesting and new concept developed with the huge technological advancements made in the field of science. The cloning of the animals is becoming common. Dolly, a cloned sheep was the first cloned animal....

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3