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NOVEMBER 2008

A guide to pitch perfect sound marks

India's trade mark registry granted its first sound mark in August this year. Ranjan Narula and Rachna Bakhru look at the implications for brand owners in the region

One-minute read
Sound marks provide a very effective way for companies to distinguish their brands, but have yet to take off in Asia. The Indian Trade Mark Act defines a trade mark as "a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others". Although this definition is sufficiently broad to include sound marks, none had been registered until recently when Yahoo's yodel sound was granted statutory protection in August this year. Filed in 2004, the registration of the mark has caused a lot of interest in the region. The registration has also drawn attention to how unclear the application procedures are in India and to how slow other countries in Asia have been to accept sound marks.

Sounds, music, jingles and melodies have for a long time proved to be an effective marketing tool for publicising brands. It is well accepted that, because they are easier to remember, they have a greater penetration than visual advertising among a broad section of society. Consumers tend to associate and recall brands quickly with the help of a jingle, music or melody that is used with the brand. The importance of sound marks to brand owners is unquestionable. In that context, the registration granted to Yahoo's yodel sound as the first sound mark in India has been widely welcomed by brand owners.



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