INTRODUCTION
Sound mark is an unconventional trademark. However, what exactly are unconventional trademarks? As branding evolves beyond names and logos, modern trademark law increasingly recognizes non-traditional marks that appeal to senses other than sight.
Trade Marks can be broadly classified into two broad categories:
- Conventional: Marks such as signs, logo, words, slogans or a combination of them
- Non- Conventional: Smell, taste, sound, touch, etc.
Conventional marks are expressly protected under the Trade Marks Act, 1999 (“Act’) because back then, when the Act was enacted, the market was limited to few industries and brands so the conventional marks were enough to build a distinctive and unique identity. The main purpose of trademark is to help consumer identify the source of goods/services and distinguish them from competitors’ goods and help the brand to build consumer trust and brand reputation However, with increase in competition in the market and availability of various products and endless advertisement and promotion, there was a need to find new ways to distinguish their products and services, this lead to the use of unique, non-visual identifiers like sound, shape, etc. to attract consumers’ attention and build brand identity.
Nowadays, Brands are using the technique of “Sensory branding” it is a type of marketing that appeals to the senses in order to relate to consumers on emotional level.
The Indian Hotels Company Limited (Taj Hotels) recently registered a Sound Mark as a trademark. The registration protects the brand’s sonic character as a trademark, recognizing sound as a distinctive brand asset in an increasingly experience driven marketplace where hospitality businesses rely on multi-sensory consumer Act.
The modern consumer looks for an engaging, memorable, and emotionally Impactful experience rather than just a product or service. Emotions are now the real currency of luxury in this experience economy, and one of the most effective ways to arouse them is through sound. Today, Luxury is determined by how a brand makes you feel rather than just what is visible to the eyes. Taj Hotels to ensure luxury to the consumers came up with the idea of Sound Mark and became the first one in the hospitality industry to get a Sound Mark registered.
SOUND MARK
A sound represented by musical notes series, without or with words, it is popular in the United States and its awareness is increasing rapidly in India.
The Act does not define a Sound Mark explicitly but when we look at the definition of Trade mark under section 2(zb) it states that a trademark is something which is capable of being graphically represented and since a sound can be graphically represented by a series of musical notes so it can be protected under the Act. Even if the Sound Mark is not explicitly mentioned in the Act but the Trade Marks Rules, 2017 recognize the sound as a trade mark category.
If we look at Rule 26 of the Trade Marks Rules, 2017, it talks about how a trademark will be represented while making an application, Rule 26(5) states “Where an application for the registration of a trade mark consists of a Sound Mark, the reproduction of the same shall be submitted in the MP3 format not exceeding 30 seconds, length recorded on a medium which allows for easy and clearly audible replaying accompanied with a graphical representation of notations”
The registration of Trade mark or Sound Mark is not mandatory but to prevent from infringement, it is preferable to register a mark if it is distinctive and popular among consumers. To register a trade mark company or entity should file the FORM TM-A and should must mention “Sound Mark” under the category of mark otherwise it will be considered as a device mark.
THE TAJ HOSPITALITY SOUND MARK
Taj hotels are not mass market hospitality chain, it represents heritage, luxury, rooted in Indian culture while maintaining international standards, so the Sound Mark adopted by them is carefully designed to reflect their values. So, the Sound Mark is not just for aesthetic purpose rather it performs as a source identifying function. Sound increases consumer trust and brand recall by fostering familiarity and emotional reassurance through frequent use.
The Sound Mark registered by IHCL (Taj hotels) under TMA No. 6962095, consists of musical notes “D E E G A E” in D Major, with 4/4-time signature and a tempo of 130 beats per minute. The graphical representation of the mark is shown in the image below: (Image credit: Trade mark Registry, IP India)
The Sound Mark was registered in Classes 9, 35, and 43, which cover software and mobile applications for managing hotel reservations and accommodations, advertising and promoting hotel services, managing customer loyalty programs, temporary lodging, and food and drink services. The registration is valid for 10 years from the date of application (17 April, 2025).
Usually, to register a Sound Mark Form TM-A is filed but IHCL filed the application under Form TM-M, citing business requirements for early registration.
The form TM-M allows expedited /fast track examination by paying extra fees, it is used for urgent branding needs.
ADVANTAGES OF USING SOUND MARK IN HOSPITALITY SECTOR
Sound creates a unique audio signature, making the brand instantly recognizable through sound, it triggers emotional responses, increase the likelihood of positive associations. By appealing to consumers on an emotional and subconscious level and generating associations that transcend visual identification, sound serves as a potent sensory branding strategy. This provides a competitive edge in the hotel industry since a unique sound can improve the visitor experience and set a brand apart in a crowded premium market.
Sounds are closely associated with memory and emotions, emotional recall through sound is frequently stronger and more persistent than visual recall. Uniform brand awareness is ensured by using the same sound consistently in both physical and digital contexts. As a result, multisensory IP protection is becoming more and more important to luxury firms like Taj Hotels in order to secure their overall brand identity as opposed to just visual identifiers.
FLEXIBILITY OF TRADEMARK LAW
The Taj Hotels Sound Mark shows how contemporary branding engages customers using sensory and emotional signs. Indian trademark law recognizes modern business realities where brand identification is becoming more multisensory by allowing such marks. In a time when consumer recognition is influenced by experience and emotion just as much as by sight, this flexibility guarantees that the law will continue to be relevant in safeguarding intellectual property. The broad interpretation of the definition of “trademark” permits unconventional marks, such as sound, as long as they are distinctive. This acceptance of a Sound Mark shows that the law places more emphasis on function than form, focusing on identification of the source rather than its perception.
CHALLENGES
While the recognition of Sound Marks is progressive there are a few challenges that comes with it such as proving infringement of a Sound Mark would be very difficult as it will require establishment of audio similarity and consumer confusion which is very subjective in nature.
CONCLUSION
The registration of the Taj Hotels sound mark represents a significant advancement in the recognition of non-conventional trademarks in India and marks a decisive shift in the legal approach towards trademark protection. By granting sound as a source identifier, Indian law demonstrates that Indian Trademark law continues to evolve with the changing needs of the economy. The Taj Hotels Sound Mark will create a new precedent for all brands, providing an opportunity for future growth of intellectual property by aligning with branding that focuses on the experience of the consumer, as well as the perception the consumer has of the brand in the present and future.
References:
- Trade Marks Act, 1999
- Trade Marks Rule, 2017
- ClearTax, “Sound Trademark in India”, available at https://cleartax.in/s/sound-trademark
- Bar & Bench, “Taj Hotels Gets Sound Mark Registered for Hospitality and Digital Services”, available athttps://www.barandbench.com/news/law-policy/taj-hotels-gets-sound-mark-registered-for-hospitality-and-digital-services
AUTHOR: SHWETA SINGH, FINAL YEAR STUDENT, DHARMASHASTRA NATIONAL LAW UNIVERSITY, JABALPUR
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