Sound mark registration

Dear Uma

What is sound mark??Are you talking about trademark???

Dear Amritha,

Traditionally, words, signatures, names, devices, labels, numerals, acronyms and logos are given trademark status. In the case of sound marks, a certain sound is associated with a company or its product or services—much like the four-note bell sound that has graced ads for biscuit maker Britannia Industries Ltd for many years. The most famous example among sound marks is the roar of the MGM Studios lion (the cat itself changed over time, but the sound remained the same).

SMT. UMA GARU,

IF U SO INTERESTED GO THROUGH THE ATTACHED-

Dear sir,

Thanks for sending the document.  I require model soundmark application with complete descripttion and the class in which the mark can be registered.

SOUND MARK:

INDIA is a member of WTO and as a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), India makes way for non-conventional marks. Article 15 of TRIPS makes a place for such marks by stating: “any sign or any combination of signs capable of distinguishing the goods or services of one undertaking from those of other undertakings shall be capable of constituting a trade mark …”

Section 2(1)(zb) of the Trade Marks Act, 1999 defines a trade mark to include “marks capable of being represented graphically and being capable of distinguishing the goods or services of one person from those of others”. This includes the shape of goods, their packaging and combination of colours. The condition to allow marks that may be represented graphically widens the ambit of trade marks, thus including the possibility of getting sound and other non-conventional marks registered. India is therefore including sound marks on its register.

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Section 2(1)(zb) of the Trade Marks Act, 1999:  

“trade mark” means 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:

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 SECTION 2: TRADEMARKS

Article 15

Protectable Subject Matter

1. Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, shall be eligible for registration as trademarks. Where signs are not inherently capable of distinguishing the relevant goods or services, Members may make registrability depend on distinctiveness acquired through use. Members may require, as a condition of registration, that signs be visually perceptible.

2. Paragraph 1 shall not be understood to prevent a Member from denying registration of a trademark on other grounds, provided that they do not derogate from the provisions of the Paris Convention (1967).

3. Members may make registrability depend on use. However, actual use of a trademark shall
not be a condition for filing an application for registration. An application shall not be refused solely on the ground that intended use has not taken place before the expiry of a period of three years from the date of application.

4. The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to registration of the trademark.

5. Members shall publish each trademark either before it is registered or promptly after it is
registered and shall afford a reasonable opportunity for petitions to cancel the registration. In addition, Members may afford an opportunity for the registration of a trademark to be opposed.

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Dear Uma Devi,

Sound Mark is also one of the Type of Trade Mark available for adoption,  when it represented in conventional notation or described in words by being graphically represented.

So as per the Rule 2 (1) (k): " graphical representation" means the representation of a trade mark for goods or services in paper form" ;

Therefore, as per me,  you can file Application for Registration of sound Mark under Class 35  in Form No: TM - 8.

For " FORM TM - 8" kindly go through the Page No: 116 of attched Trade marks Rules. 

Dear Uma garu,

Please visit the following URL you will get the format and simple application also attached hereby

https://copyright.gov.in/Documents/copyright%20registration%20form.pdf

PLEASE FIND THE ATTACHED TM-8 WHICH MAY SUITABLE TO YOUR REQUIREMENT

TM-8 is for series mark.  See Sec. 15(3) which says

(3) Where a person claiming to be the proprietor of several trade marks in respect of the same or similar goods or services or descripttion of goods or descripttion of services, which, while resembling each other in the  thereof, yet differ in respect of -

An example that I can give for registration under this category, is:

PRIYA RICE RICH OIL; PRIYA SOYA RICH and PRIYA PALM RICH oils

Similarly  "SONA MASOORI" rice and "BASMATI" rice sold under same trademark of the same proprietor.

I guess, sound mark could be filed under Class 41 ... entertainment !!

The issue of registering sound as TM has been addressed by the WTO Agreement on Trade Related Aspects of IPR which broadens the legal definition of TM to encompass any sign, be it  audio or visual, which is capable of distinguishing goods or services one from that of another (Article 15 of the  WTO Agreement on Trade Related Aspects of IPR) .

On this note, Y! got registration of its yodel on  Aug 18, 2008. To the best of my knowledge, the notes of a sound mark are to be reproduced graphically along with the possible instrumental variations. Nokia tune,I heard, is also under the process of being registered as a TM in India!