TRADEMARK OF SOUNDS: AN UNCHARTED TERRITORY

Author – MAYURI, Student at Dr. B.R. Ambedkar National Law University, Sonipat

Best Citation – MAYURI, TRADEMARK OF SOUNDS: AN UNCHARTED TERRITORY, ILE Consumer Protection Law and Review, 1 (1) of 2023, Pg. 31-39, ISBN – 978-81-961120-4-2.

Abstract:

   With the growth of society, new types of Intellectual Property emerge in the society. One such type is the Non- Conventional Trademarks. They cater to all five senses and include colour, smell, sounds etc. In this research paper, we will be delineating myriad contours of sounds, a trademark. We will be throwing light on various aspects of sound marks like Non-Conventional Trademarks, sound marks, the psychology behind Sound Marks, Importance of Registering a Sound Mark, Registering of Sound Mark in Different Jurisdictions, Position of Sound Marks in European Union, Case of Shield Mark v Joost Kist, Sieckmann case, Position of Sound Marks in U.S.A, Position of Sound Marks in India, Process of Sound Branding in India, Requisites Needed to File a Sound Mark etc. The aim of this research paper is to discuss the “Conundrum of Graphical Representations of Sound Marks. Why all sounds cannot be trademarked?” We will also be asserting the reason why all sounds cannot be trademarked.

Keywords: Non- Conventional Trademarks, Sound Marks, Graphical, Representation, Etc.