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ARTICLE · 22 FEBRUARY 2019

Trademarking Sound: An Emergence After A Decade

S&A Law Offices
S&A Law Offices
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S&A Law Offices

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It is a thin line of difference between the two but is extremely significant.

IndiaIntellectual Property

Over the years since its inception, the sole objective and purpose of the Intellectual Property Law has been to promote innovation and simultaneously protect the rights of true inventers whether as trademarks, copyrights or any other industrial designs. Along with the several developments introduced in the new Trade Marks Rules 2017, "sounds marks" have made its recognition as one of the most prominently registered marks in current times.

First and foremost, what kind of mark really constitutes a Sound Mark? The said Act does not define sound mark specifically but states that "a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours" are capable of registration under this Act. Such sound marks must be distinctive and unique so as to be registrable and deserve full protection under the Trade Marks Law. Such

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