SpicyIP just learnt that India's Trademark Office has granted the first "sound" mark in favour of Yahoo Inc yesterday!
Simply put, a sound mark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services. Classic examples include the thunderous sound of a Harley Davidson (though it appears that that this registration failed in the US after severe opposition), MGM's roar of a lion etc.
For a collection of sound marks, see this database of the USPTO, which also includes the Yahoo yodel.
SpicyIP just spoke with Pravin Anand, Managing Partner, Anand and Anand, who represented Yahoo in this matter, who offered to do a guest post on this pathbreaking development. So watch this space for more.
We expect that Mr Anand's post will highlight aspects such as "procedural requirements" i.e how does one represent a sound mark--will musical notations do? Sonograms? Can "sound" files be submitted? In the meantime, for those who wish to delve deeper into some of these aspects, take a look at this EU case involving the famous ululating Tarzan yell, succinctly analysed by the famous IPkat.
Simply put, a sound mark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services. Classic examples include the thunderous sound of a Harley Davidson (though it appears that that this registration failed in the US after severe opposition), MGM's roar of a lion etc.
For a collection of sound marks, see this database of the USPTO, which also includes the Yahoo yodel.
SpicyIP just spoke with Pravin Anand, Managing Partner, Anand and Anand, who represented Yahoo in this matter, who offered to do a guest post on this pathbreaking development. So watch this space for more.
We expect that Mr Anand's post will highlight aspects such as "procedural requirements" i.e how does one represent a sound mark--will musical notations do? Sonograms? Can "sound" files be submitted? In the meantime, for those who wish to delve deeper into some of these aspects, take a look at this EU case involving the famous ululating Tarzan yell, succinctly analysed by the famous IPkat.
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1 comments:
This is really a pathbreaking development. Manisha S Nair on Mondaq through her article titled "Flavor, Fragrance and Sound Whether Registrable as Trademarks Under Indian Trademark Law" also seems to buttress the development. Link of the article http://www.mondaq.com/article.asp?articleid=39286
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