ECONOMICS (CBSE/UGC NET)

ECONOMICS

PROPERTY RIGHTS

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Can Sound marks be registered under trademarks?
A
Yes
B
No
C
Either A or B
D
None of the above
Explanation: 

Detailed explanation-1: -A legal entity can trademark a sound represented by musical notes series, without or with words in India. Sound trademarks are popular in the USA, and awareness about sound trademarks are fast rising in India.

Detailed explanation-2: -If a sound is or has become a distinctive symbol linked with one undertaking, it will be eligible for trademark registration under the Trademark Act, 1999.As a result, in order for a sound trademark to be registered, the average consumer must perceive the sound as being linked with a specific service or product.

Detailed explanation-3: -A sound trademark is a trademark where the sound is utilised to perform the trademark function of uniquely distinguishing the commercial source of products or goods and services. A sound mark, in recent times, has been increasingly used as a trademark in the marketplace. It is a non-conventional trademark.

Detailed explanation-4: -Registration of Sounds as Trademarks in India Firstly, it must be capable of being represented graphically. Secondly, it must be capable of distinguishing the goods or services of one person from those of others. This definition does not per se exclude sound and smells marks.

Detailed explanation-5: -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.

There is 1 question to complete.