The Indian Hotels Company Limited (IHCL), owner of the Taj Hotels brand, has secured trademark registration for its sound mark. With this, Taj joins a small but steadily expanding group of proprietors in India who have successfully protected non-conventional trademarks as part of their brand equity strategy.
The registered sound mark consists of a sequence of musical notes (D E E G A E) in D Major, presented with a 4/4 time signature at a tempo of 130 beats per minute. The registration spans Classes 9, 35 and 43, thereby protecting the audio identity across digital platforms, promotional activities, customer loyalty programmes, and core hotel and food services.See Registration certificate here
Understanding Sound Marks Under Indian Law
What is a Sound Mark?
Under Indian trademark law, a sound mark is a form of non-traditional trademark in which sound itself functions to identify the commercial origin of goods or services. While the Trade Marks Act, 1999 does not explicitly define sound marks, the Act’s definition of trademark is broad and inclusive, covering any sign capable of being represented graphically and of distinguishing the goods or services of one enterprise from another.
The Trade Marks Rules, 2017 introduced specific procedures for sound mark registration, thereby enabling enterprises to secure statutory protection for audio signatures, jingles, and other sonic identifiers.
Sound marks are a subset of non-conventional trademarks, a category that includes, among others, shapes, colours, motion marks and scent marks. These marks go beyond visual stimuli and are increasingly recognised for their role in creating brand recall.
Legal Basis
According to the Trade Marks Rules, 2017, a sound mark application must include:
- An MP3 recording of the sound, not exceeding 30 seconds in duration,
- A graphical representation of the sound, typically as musical notation, and
- A clear indication in the application that the mark is being filed as a sound mark.
Although the Act itself does not enumerate sound marks specifically, Rule 26(5) of the Rules allows sound to be treated as a trademark when it is capable of graphical representation and distinction. The graphical representation requirement ensures that the sound can be published in the Trademark Journal and examined for distinctiveness and use.
For an audio identifier to be accepted as a trademark, it must be capable of distinguishing the goods or services of one entity from others. This often requires evidence of distinctiveness or public recognition, particularly where the sound is not inherently unique.
Examples of Sound Marks Registered in India
Sound mark registration in India remains relatively limited, but the landscape has evolved over the past decade. India’s first registered sound mark was the Yahoo yodel in 2008, followed by iconic corporate jingles such as ICICI Bank’s “Dhin Chik Dhin Chik”.
These early registrations demonstrated the feasibility of protecting auditory brand identifiers, particularly where the sound has acquired distinctiveness or consumer association with the brand. The Taj Hotels registration adds to this developing category, especially in the hospitality sector where brand experience extends across physical and digital touchpoints.
How Sound Marks Can Be Registered in India
To obtain registration, proprietors must:
- File a trademark application specifying “sound mark” as the format
- Submit a sound recording in MP3 format
- Provide a musical score or notation
- Demonstrate distinctiveness the sound must be uniquely associated with the brand
- Optionally request expedited examination via Form TM-M
- Respond to objections or oppositions, if raised
Once registered, rights are enforceable against unauthorised use in both identical and allied trade contexts.
Significance of Taj’s Registration
IHCL’s successful registration shows that hospitality brands are increasingly investing in multisensory identity systems. As customer engagement increasingly spans offline presence, mobile apps, online booking platforms and loyalty ecosystems, audio cues have become valuable touchpoints for brand recall.
Commenting on the development, IHCL’s Executive Vice President & General Counsel Rajendra Misra noted that sound branding is aligned with Taj’s leadership role as one of the world’s strongest hotel brands and reflects a forward-looking approach to intellectual property..