After the introduction of the new Trade Mark Rules, 2017 on
March 6, 2017; the process of trade mark registration has been
stream lined, with more emphasis on digitization.
This notification has also made easier for the companies to file
applications for registration of sound marks, by appending an mp3
file in the application. 'Factual Distinctiveness' of the
sound is the pre requisite which needs to be proved to register a
sound mark. Here 'Factual Distinctiveness' means the
immediate recall value of sound with the product/service.
A sound mark is a non-conventional trademark. Here sound
performs the trademark function of uniquely identifying the
commercial origin of products or services. Sounds can serve to
identify the source or trade origin of a product or service. Under
most Conventions and statutory provisions the definition of
trademark either covers sound as a trademark, or does not exclude
such marks. Examples of Sound Marks – four-note bell sound
