Can sound be a trademark in India?

Can we register sound as a trademark?

Sounds can be registered on the Principal US Trademark Register, which provides protection throughout the United States and a presumption of validity, when they are both “arbitrary, unique or distinctive” and can also be used in a manner “so as to attach to the mind of the listener and be awakened on later hearing” (In …

What words Cannot be trademarked in India?

Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

What words Cannot be registered as a trademark?

Words which are completely descriptive will not be registered as trademarks. For instance, apple for fruit or chocolate for confectionery. Anything likely to cause confusion or deception in the marketplace will also be rejected as a trademark.

What can be registered as a trademark in India?

What can be registered as a Trademark?

  • Name. The name can be further categorized as a product name, business name, name of any individual or surnames. …
  • Product name.
  • Business name. A trademark can be taken in the name of the business or company. …
  • Name of a person. …
  • Surnames. …
  • Logo or symbols. …
  • Tag line. …
  • Sound mark.
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Is Symbol a trademark?

The trademark symbol is a symbol to indicate that the preceding mark is a trademark, specifically an unregistered trademark.

Trademark symbol.

Trademark symbol
In Unicode U+2122 ™ TRADE MARK SIGN (HTML ™)

Can you trademark smell?

Yes, you can trademark an odor if it is not a functional aspect of the product. For example, a trademark for plumeria scent for sewing thread was registered in 1990. … However, “functional” scents that are inherent in the product itself, such as smell for perfume, are not accepted for registration.

What happens if a trademark is refused?

If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). … The appeal must be filed in the prescribed manner following the TradeMarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules.

Can you use trademark word?

A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered. However, unregistered trademarks with the USPTO are only trademarked within the company’s geographical area. … Use the trademark symbol (TM) for a trademark that isn’t registered with the USPTO.

Can I trademark common words?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

Is coffee a trademark?

Trademark Class 30: Coffee, Flour, Bread, Candy, and Rice Products.

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What signs can be registered as a trademark?

A trademark is any distinctive sign capable of being represented graphically. There are many type of signs: word, images, shapes, letters, symbols, numbers, three-dimensional shapes (e.g. Packages, Wrapping), etc. The Trademark Registration grants a broad protection and is an important asset for your business.

Can you trademark initials?

Unfortunately, acronyms, abbreviations – or even initials – are not automatically granted trademark protection. To qualify for trademark protection, the acronym, abbreviations or initials must not be descriptive and consumers must not be able to recognize them as synonymous with a particular product.