Taj Hotels Secures Registration of Distinctive Sound Mark in India

In a landmark brand protection development, Taj Hotels, a marquee Indian hospitality brand, has secured registration of a distinctive sound mark under the Trade Marks Act, 1999, marking an important milestone in the acceptance of non-traditional trademarks in India.

The sound mark consists of a precise musical sequence that is uniquely associated with the brand’s identity across its hotels and digital touchpoints. This registration recognises that sound where distinctive and associated with a source can function as a valid trademark, reinforcing the statutory definition of a “mark” under Section 2(m) of the Trade Marks Act.

The acceptance of a distinctive audio signature expands the scope of brand protection beyond traditional logos, word marks and device marks.

Legal Analysis

Non-traditional marks such as sounds, motion marks, holograms and scent marks are recognised under the Trade Marks Act, provided they are capable of distinguishing the goods or services of one enterprise from another. The statutory definition under Section 2(m) is deliberately expansive, allowing for innovative branding assets to be protected.

The key legal tests for non-traditional trademarks include distinctiveness, association with a commercial source, and capability of graphical representation. In the case of sound marks, applicants must provide a clear audio recording and a description that delineates the musical pattern or cadence that is claimed as a mark.

This development reinforces that service brands particularly in the hospitality and entertainment sectors can leverage non-traditional assets to build stronger market identity and stave off dilution by competitors. It also signals the Trademark Registry’s readiness to apply statutory principles to evolving modes of brand expression.