When Neha, the brand manager of a fast-growing tech start-up in Bengaluru, first thought about trademarks, she imagined the usual suspects: logos, names, maybe a flashy tagline. But times were changing. Her company was not just selling a product; it was creating experiences. The chime that played when a user logged into their application, the sleek curved packaging of their device, even the deep ocean-blue they consistently splashed across their campaigns these, she realized, were at the heart of her brand’s identity.
That is when she stumbled upon the fascinating, tricky world of non-traditional trademarks in India.
The First Barrier: Making the Invisible Visible
Her lawyer sighed when she asked, “Can we trademark our application’s login sound?”
“Yes,” he replied, “but only if it can be shown graphically.”
Neha frowned, how do you draw a sound?
The Trade Marks Act, 1999, made it clear: every mark had to be represented graphically, so that it remained precise, objective, and accessible. Logos and words posed no issues. But sounds, smells, or unique product shapes were a different game. That login sound was not just an MP3 file it needed to be submitted alongside musical notes on a staff!
“Think of it this way,” her lawyer said, “the Registry needs something that can sit permanently on paper, even if the trademark lives outside it.”
Sound Marks: Music to the Law’s Ears
When Neha dug deeper, she realized she was not alone. Big names had taken this plunge before.
In 2008, Yahoo! became the first in India to trademark its iconic yodel.
ICICI followed, securing its rhythmic “Dhin Chik Dhin Chik” jingle as a mark all its own.
Under the 2017 rules, a sound trademark requires not only musical notation but also a 30-second MP3 clip. The real challenge? Making sure people actually recognized the sound as yours. For Neha, it meant proving that her application’s login chime was not just another notification ding lost in the sea of digital noises.
Shape Marks: The Story of Curves and Angles
One evening, while sketching bottle outlines during a brainstorming session, Neha remembered the Coca-Cola contour bottle. That shape alone was enough to evoke a brand. She also recalled the triangular peaks of a Toblerone bar shapes that had become trademarks of their own.
But shape marks came with caveats. If the design was functional, purely technical, or added beauty without distinctiveness, it wouldn’t make the cut. The law only cared if the shape screamed “this is us” and nothing else.
Color Marks: Painting a Brand
Neha was especially fascinated by color marks. Her team had consistently used a particular ocean-blue shade. Could they own it? Her lawyer explained:
“It is possible, but tough. You’ll need to specify the exact shade, usually through something like a Pantone code. And you’d better have strong evidence that people see that color and immediately think of you.”
He told her the story of Christian Louboutin’s red soles, protected in India since 2017, and Cadbury’s long battles over its rich purple. Distinctiveness, it seemed, was everything.
The Dreamers’ Marks: Motion, Holograms, and Smells
When someone on her team joked, “Can we trademark the smell of our new gadgets’ packaging?” the room burst into laughter. But Neha was curious, could scent really be a trademark?
Globally, yes. The smell of Play-Doh was protected in the U.S. The scent of fresh grass defined tennis balls in the EU. But in India, no scent mark had yet crossed the line. The sticking point was again graphical representation. The Registry needed a scientific, universally accepted way to “draw” a smell, and no such solution existed here, yet.
Still, Neha could not help dreaming. Maybe one day, her company’s scent of “new tech fresh-out-of-the-box” could be immortalized legally.
The Real Secret: Proof of Distinctiveness
In the end, Neha understood that whether it was a sound, color, shape, or even someday a smell, everything came down to two things:
- Graphical Representation: an effort at objectivity, whether through notes, codes, or pictures.
- Acquired Distinctiveness: a mountain of evidence: ads, surveys, sales numbers, and patterns of consumer recognition.
Without these, even the most innovative brand feature would be just another interesting idea.
A Brave New Branding World
Walking out of her lawyer’s office, Neha smiled. Protecting her brand was going to be a journey. Some battles like protecting their sound mark or signature design could be fought now. Others like scent were still distant dreams. But one thing was clear: the future of branding in India was not limited to words and logos anymore. It lived in experiences, and the law was slowly catching up.
For brand builders like her, the challenge was not to wait, but to prepare gather evidence, build associations, and stake their claim in this expanding universe of identities.
Your Trusted Partner for Trademarks in India
At R.K. Dewan & Co., we take pride in being one of the most reliable and experienced partners for managing trademarks in India. With a legacy that dates back to 1942, our trademark practice is built on decades of trust, excellence, and hands-on expertise.
As a leading trademark law firm in India, we offer end-to-end services that cover trademark searches, filings, oppositions, renewals, enforcement, and litigation. Our strong presence near all five Indian Trademark Offices enables us to act quickly and efficiently for clients across the country. From handling complex disputes to taking decisive action against counterfeiters, we ensure your rights remain fully safeguarded.
If you are searching for a trusted trademark attorney or a dependable partner to strengthen your trademark portfolio in India and abroad, R.K. Dewan & Co. stands ready to support your brand at every step of its growth.
