Growing competition in the business world and the rise of a consumer-driven society have led many brand owners to embrace creative strategies to outshine their rivals and promote their products in a unique way. As the field of intellectual property is constantly evolving, sound trademarks have become a unique and influential method for brand identification. Being a type of unconventional trademark, companies are increasingly using sound marks to craft distinctive auditory signatures that connect with consumers.
A sound trademark is a distinctive audio or series of sounds that uniquely identifies the origin of a product or service. Unlike conventional trademarks, which usually consist of words, logos, or symbols, sound trademarks use auditory elements to establish a brand connection.
These recognizable sound trademarks often trigger specific emotions or values associated with the brand, thereby boosting consumer recall and engagement. The significance of sound in advertising and brand identity has led to its recognition as a form of intellectual property protected by trademark laws.
Notable instances of sound brands that have had a big influence include Nokia’s ringtone, a timeless melody that is instantly recognisable throughout the world and connected to the company’s mobile phones. In a comparable fashion, Intel’s five-note jingle, or “bong,” has come to be associated with the company and serves to further emphasise its identity each time it is heard. The jingle of ICICI Bank is a well-known sound symbol in India, connoting for customers trust and financial stability. Netflix’s ‘ta-dum’ sound, which opens each episode and movie on the platform, is another noteworthy example. This brief yet impactful sound has grown to be an essential component of Netflix’s corporate identity, rapidly alerting viewers all over the world to high-caliber content.
In order to stand out in crowded markets, businesses in India and throughout the world have recently started utilising strong branding. For example, Amazon India declared in July 2024 that it intended to trademark a new auditory logo, with the goal of producing a unique sound that is consistent with the brand values and offerings of the company.
In India, sound trademarks are recognized under the Trademark Act of 1999, which provides protection for sounds that can be visually represented by musical notes, with or without accompanying words. An amendment was made to the Trademark Rules in 2017 which included Rule 26(5), this rule mentions that a sound mark may be duplicated and submitted in an MP3 format along with a “graphical representation of its notations”. Hence the process of registering the graphical representation of sound marks has been simplified. Two conditions are to be met in order to register a sound mark:
– The application has to specify that the mark to be registered is a sound mark and
– The applicant must submit an MP3 clip of the sound mark and its duration should be not longer than 30 seconds. A graphical depiction of the sound mark in the format of musical notations also must be submitted at the time of application.
It goes without saying that even for sound mark applications; the minimum standards of trademark registration must be met. For example, the sound that is being trademarked must be distinct, and sounds that are generic would not be eligible for registration.
It is also important to note that sound marks cannot be registered if they are simple musical phrases consisting of just 1 or 2 notes, commonly used chimes, well-known popular songs, nursery rhymes, or music that is specifically tied to particular regions.
Registering a sound trademark helps establish a robust brand identity by legally protecting the auditory elements associated with a company. The owner has exclusive rights and strong legal protection, preventing competitors from using the same or similar sounds without permission.
Irrespective of their scale, businesses small or large are enamored by the usage of sound marks to establish their brand given the multitude of advantages which registering a sound mark offers. They foster an emotional bond with the target audience, create a lasting impression and credibility with customers. This not only enhances the overall growth of businesses but also supports revenue generation by establishing a powerful brand image.
Sound trademarks are becoming increasingly well-known, which emphasises their significance in contemporary advertising. The capacity to produce a memorable and legally protected auditory signature can be a game-changer for brands trying to build a strong relationship with their audience as the commercial landscape gets more competitive. This trend is a reflection of a larger movement in branding towards more imaginative and unique shapes, with sound markings being a key component of this development.
Authors: Gayatri Khatavkar & Teesha Arora