New Delhi: In 2017, the Taj Mahal Hotel in Mumbai became the first building in the country to secure trademark protection for its unique dome-shaped architectural design.
Now, Tata Group-owned Indian Hotels Company Ltd (IHCL) has secured a sound mark registration for the “Taj sonic sound”, a short musical sequence associated with the iconic hospitality brand, marking a significant milestone in the evolution of unconventional trademarks in the country.
But what exactly is the “Taj sonic sound”? Quite simply, the “Taj sonic” consists of a sequence of musical notes—D, E, E, G, A and E—played in D Major, along with a 4/4 time signature and a 130 beats per minute tempo—and the sound mark protects this distinctive sonic identity as a trademark.
The legal team behind this development at Fidus Law Chambers told ThePrint that their application for the sound mark highlighted the sound’s uniqueness as a carefully crafted artistic creation with a defined structure and intent, as opposed to an ordinary audio.
“It is a short harmonic chime, composed to evoke serenity, luxury and warmth-qualities that resonate deeply with the guests’ expectations in the hospitality sector,” Astha Negi, partner, Fidus Law Chambers, told ThePrint.
The question many are asking is: Why would a hotel like the Taj trademark a sound? What is a sound trademark, and more importantly, what purpose does it serve?
The answer is simple. In an increasingly experience-driven marketplace, aural branding plays a powerful role as it helps associate a sound with the brand, thereby increasing its brand value, advocate Shwetasree Majumder, managing partner at Fidus Law Chambers, who is behind this development, told ThePrint.
The sound mark comes after the brand’s 2017 trademark protection for its unique dome-shaped building, the first such instance in India, which was spearheaded by lawyer Pravin Anand, managing partner of intellectual property law firm Anand & Anand.
Globally, buildings like the Eiffel Tower in Paris, the Sydney Opera House and the Empire State Building in New York have also received trademark protection.
“I also secured trademark protection for the unique Zippo lighter shape, which is markedly different from other lighters owing to its breathable windscreen chimney design. Besides this, I secured trademark protection for the Louis Vuitton emblematic Epi leather surface pattern, which is characterised by a unique horizontal wave or ripple pattern embossed onto a leather surface,” Pravin Anand told ThePrint.
He added that the red soles of Christian Louboutin and the Birkin bag shape, along with the crumpled, textured wrapper of the Ferrero Rocher chocolate, and the ICICI sound mark, were also his contributions.
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What is a musical or sound trademark?
A musical or sound trademark is a sound that uniquely identifies a brand, much like a logo or a brand name.
“When consumers hear the sound, they immediately associate it with a particular company or product,” Negi told ThePrint, while adding that it’s different from ordinary background music or incidental audio. The sound must function as a clear indicator of origin, Negi added.
Under Indian law, sound trademarks are recognised under the Trade Marks Act, 1999, which essentially allows for the protection of non-traditional or unconventional marks as long as they can be clearly represented and are capable of setting apart a business’s goods or services from another’s.
However, it’s the Trade Marks Rules, 2017, which specifically acknowledge sound marks and set out the process for registering them, including the requirement to submit the sound in MP3 format along with a written and graphical description.
A trademark is a symbol, design, word, shape, sound, smell or phrase used to identify a business’s goods or services. Once registered, a trademark owner can claim exclusive rights over its use.
In India, a sound mark, however, must be represented through an MP3 file submitted in the prescribed format not exceeding 30 seconds, a written description explaining the sound, and a graphical representation, usually in the form of musical notation, Negi said, while pointing out that any inconsistency between what the examiner hears and what is being visually presented in the application, could lead to objections.
Why are musical trademarks so rare?
This isn’t the first time that a sound has received protection under the Trade Marks Act. The first was the Yahoo! yodel in 2008, which paved the way for unconventional trademarks in the country.
Although musical trademarks are historically rare in India, that position is slowly changing, Negi told ThePrint.
“Today, there are over 80 sound marks that have been registered with the Indian Trade Marks Registry, signalling that brands are increasingly waking up to non-traditional forms of intellectual property,” she said.
Besides the Yahoo yodel and the Taj sound mark, the ICICI sound and the Nokia ringtone have also received trademark protection under Indian law.
However, Negi also pointed out that sound trademarks remain more difficult to register than conventional word or logo marks because they are subjected to much higher scrutiny.
“Examiners tend to view sounds with caution, as they are often perceived as generic or merely decorative, rather than as indicators of commercial origin,” the Delhi-based lawyer said.
When registering a musical trademark, applicants must demonstrate that the sound is not customary in the trade, not technically necessary, and should be perceived as a badge of origin for the brand or a particular product.
For example, in February 1994, the iconic motorcycle brand Harley-Davidson filed an application with the U.S. Patent and Trademark Office to register the sound of a Harley engine being cranked up, claiming it was unique to its bicycles.
However, authorities rejected the request after its competitors, like Yamaha and Suzuki, said the sound was “customary in the trade”.
Besides unconventional trademarks like the sound trademark or the shape trademark, certain kinds of smells have also received trademark protection.
In November 2025, the Trade Marks Registry granted India’s first-ever olfactory trademark to Japanese tyre company Sumitomo Rubber Industries.
The scent, a “floral fragrance/smell reminiscent of roses” being emitted from these Japanese tyres, had already received legal protection in the UK.
At first, the Centre called their application “rare”, but it eventually agreed to register the scent under the vehicles category of the 1999 Act.
(Edited by Sugita Katyal)
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