Kingfisher jingle gets 'sound mark' tag: The process, the litmus test, Pg13

Key Highlights:

• Kingfisher's iconic jingle "Oo la la la le o" recently obtained a sound mark registration.
• A sound mark is a non-conventional trademark where a sound identifies a product or service's source.
• Yahoo's "yodel" was India's first registered sound mark in 2008, followed by ICICI Bank's jingle.
• The Trade Marks Rules, 2017, require sound mark applications to be in MP3 format (under 30 seconds) with graphical notation.
• A trademark lasts for 10 years and can be renewed.

Detailed Insights:

• Sound marks are protected under trademark law due to their recall value, aligning with international practices.
• Applicants must specify that the mark is a "sound mark" to avoid it being treated as a word or device mark.
• The EU Court of Justice requires sounds to be represented clearly and precisely for registration, favoring musical notation over vague descriptions.
• The registration process involves submitting Form TM-A, an MP3 file, and musical notation, along with applicant details.
• The registrar assesses distinctiveness and similarity to existing marks, followed by publication in the trademark journal and potential opposition.
• Distinctiveness is crucial; the sound must not be generic or purely functional but connect consumers to a specific trader.
• Sounds like simple tunes or those directly resulting from a product's nature may face objections during registration.
• Applicants can demonstrate acquired distinctiveness through advertising expenditure, market surveys, and media coverage.

Key Concepts Involved:

• Trademark: A symbol, design, or phrase legally registered to represent a company or product.
• Sound Mark: A non-conventional trademark using a sound to identify the source of a product or service.
• Distinctiveness: The unique ability of a trademark to identify and distinguish goods/services from others.