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India Grants Sound-Mark Status to Kingfisher’s ‘Oo La La La Le O’ Jingle

The move signals growing acceptance of non-traditional trademarks in India under Rule 26(5).

Overview

  • The Trade Marks Registry, Mumbai granted registration under application number 6834005 on January 31, with the certificate sealed on February 5 and protection running until January 31, 2035.
  • The sound mark covers Class 32 goods such as beers, non-alcoholic beverages and syrups, as well as Class 33 alcoholic beverages except beers.
  • United Breweries Limited becomes the first company in India’s alcoholic-beverage sector to secure a registered sonic trademark.
  • The jingle, first used commercially on February 21, 1996, has featured consistently in advertising and is widely recognized, supporting a finding of acquired distinctiveness.
  • Under Rule 26(5) of the Trade Marks Rules, 2017, applicants must submit an MP3 of up to 30 seconds with musical notation, and sound marks must meet the same distinctiveness test as other trademarks.