Intellectual Property Newsletter – Companies “Double Dipping” to Ensure Dual Protection of Sound Marks: August 2025
Branding has evolved into a multidimensional consumer experience, brands are now moving far beyond logos, colour schemes or taglines. In an overly saturated market, brands are aiming towards invoking emotions and creating recognition across all senses. From Netflix’s iconic “ta-dum” that signals the start of your favourite series to the playful “Hello Moto” ringtone these audio signatures instantly bring a brand to mind.
Sound marks serve more than just marketing purposes. They are essential for making brands accessible to visually impaired and illiterate individuals. This helps these consumers recognize brands through sound instead of sight. As a result, a brand’s audience expands and emphasizes the need for strong legal protections for audio branding.
But securing legal rights over a sound is not always straightforward. Which is why many companies are using the approach called “double protection” by protecting their distinct sound under both trademark and copyright laws to avoid infringement.
What is Double Protection?
The concept of “double protection” means using both trademark and copyright law to secure exclusive rights over a brand’s unique sound. This has become a crucial strategy for companies investing in audio branding.
The Trade Marks Act, 1999 and the Trade Marks Rules, 2017 allows brands to register sound marks provided that the sound is distinctive and not generic or functional. This means the sound must immediately remind consumers of the brand just like how the “Paytm Karo” jingle of Paytm or the Swiggy delivery notification does for millions of Indians.
The process of registration of sound mark involves submitting both an MP3 file (under 30 seconds) and a graphical representation (musical notation) to the Trade Marks Registry.
In addition to trademark protection, sounds like jingles, musical pieces, and audio logos can be protected under copyright law in India. Copyright automatically applies to any original sound recording or musical composition once it is created and fixed in a tangible form, such as a digital recording or written musical notation. This gives the creator exclusive rights to reproduce, distribute, and license the sound, and to stop unauthorized copying or use. For stronger enforcement, it is a good idea to formally register the sound with the Copyright Office.
However, there is an important relationship between copyright and trademark law. According to Section 11(3)(b) of the Trade Marks Act, 1999, a sound mark cannot be registered as a trademark if it conflicts with an existing copyrighted work, unless the copyright owner has given consent. This means that if a brand wants to register a part of a copyrighted musical work as a sound mark, it must first get permission from the copyright holder. Indian courts have confirmed that only with such consent can a sound mark derived from a copyrighted work be registered as a trademark.
By securing both copyright and trademark protection, often called “double protection,” brands can effectively safeguard their unique sounds. Copyright protects the original creative work, while trademark registration ensures exclusive rights to use the sound as a brand identifier. This allows the owner to take legal action against infringers on both fronts.
Why Are Brands Investing in Double Protection?
Often times one form of legal protection doesn’t cover all bases. Copyright gives protection from unauthorized use or reproduction of the original sound. However, it doesn’t stop someone from using a similar tune to promote a different service. This is when protection under Trademark is beneficial, if sound is recognized as a brand identifier and someone uses a deceptively similar sound in a way that may cause confusion among consumers in such cases the brand can take legal action under trademark infringement.
This combination ensure that both the original composition remains protected from copying and the brand identity associated with the sound is protected.
A classic example of double protection is McDonald’s “I’m Lovin’ It” Jingle. This jingle composed by Pharrell Williams and voiced by Justin Timberlake is protected as a musical work and sound recording under copyright law. McDonald’s also registered the jingle as a sound mark in multiple jurisdictions, making it legally enforceable when used to denote McDonald’s services.
This five-note jingle is instantly associated with McDonald’s branding and has been used consistently in commercials, app notifications and even physical restaurant devices such as drive-thru’s. This dual protection has allowed McDonald’s to maintain global exclusivity over the “I’m Lovin’ It” sound.
When Double Protection Doesn’t Work
Double protection isn’t available for every sound, especially when that sound is functional or crucial to how a product works. A key example is Harley-Davidson’s attempt to trademark the roar of its V-twin engine.
Even though the sound is well-known, the U.S. Trademark Trial and Appeal Board denied the application. They argued that the engine sound came from the mechanics of the engine, not from any branding intent. Trademark law does not allow exclusive rights to sounds essential for a product’s function. In these situations, a unique recording may still qualify for copyright protection, but trademark protection isn’t an option.
This issue brings up several challenges in getting double protection for sound marks. First, the sound must be unique, not generic, and not functional, which many sounds do not meet. Simple or practical sounds, like beeps or chimes, often do not qualify for copyright since they lack originality, even if they have brand value. If a sound mark comes from an existing copyrighted work, getting permission from the copyright owner is necessary before registering the trademark. This adds more steps to the process.
Additionally, many companies in India aren’t fully aware of the potential and legal details of audio branding, leading to limited use of sound marks. Building a connection between a sound and a brand can also be challenging. It requires clear proof that the sound is recognized by the public as linked to the brand. Enforcement poses another issue; proving infringement of a sound mark often involves subjective opinions and expert witness statements. Overall, these factors show that while double protection can offer strong security for distinctive brand sounds, it is not always achievable and faces many legal and practical challenges.
India’s Approach to Sound Marks
India’s formal recognition of sound marks through the Trade Marks Rules, 2017 was a forward-thinking move that aligned the country with global trends in non-traditional trademarks. This amendment officially allowed for the registration of sounds as trademarks, provided they meet the threshold of distinctiveness and are capable of graphical representation.
Brands were now able to submit a .mp3 file (up to 30 seconds) along with a musical notation or written description of the sound, making the process more structured and accessible.
Some early and significant sound mark registrations include:
- · Yahoo!’s yodel – one of the first sound marks granted in India, setting a precedent for the acceptance of foreign sound trademarks.
- · Nokia’s tune – the classic ringtone that once dominated mobile phones globally was recognised as a sound directly associated with the brand.
- · ICICI Bank’s corporate jingle – one of the earliest Indian-origin sounds to achieve registration, reflecting a domestic brand’s move towards sonic branding.
These examples illustrate that India is gradually embracing sound marks as brand identity. However, the eligibility criteria is stringent, in order for a sound to be trademarked it has to be
- Non-generic – it cannot be something commonly used or heard in the industry.
- Non-functional – sounds that are necessary for the product to work for example an alarm beep or keyboard click cannot be protected.
- Inherently distinctive – it must create a direct association in the minds of consumers, similar to how a logo or slogan would.
Despite this legal clarity, the adoption of sound marks in India remains limited. Many domestic companies are yet to understand or utilise the full potential of audio branding as intellectual property. This is in stark contrast to multinational corporations that have long relied on audio cues to reinforce brand recall.
One of the biggest challenges in relying solely on copyright for sound protection is the originality threshold. If a sound is too simple for example a single beep, swoosh or chime, it might not be eligible for copyright protection at all. Yet, these sounds often carry huge brand value.
Amazon Alexa’s wake tone, for example might be simple but is uniquely identifiable as Amazon’s AI assistant and can confuse users. This is why Amazon obtained trademark protection.
Conclusion
Sounds have created their own space in the intellectual property system. Companies are increasingly recognizing their value, not only in creative terms but also legally. The idea of “double dipping” into copyright and trademark laws is more than just a smart legal tactic; it is a strategic branding choice that gives companies a significant edge. By securing both forms of protection, companies can protect their audio assets from all sides. This ensures that what a customer hears is just as safe as what they see.
As India improves its IP laws and more brands explore audio-focused marketing, double protection of sound marks may become common instead of rare. This combined approach not only discourages potential infringers but also allows brands to build stronger, more memorable connections with consumers. In addition, sound marks help make brands accessible to visually impaired and illiterate people, which expands the reach and inclusivity of brand communication.
Looking forward, brands that invest in solid legal protection for their audio identities will be better equipped to stand out in a crowded marketplace. As branding continues to evolve beyond visual elements, protecting sound marks through both copyright and trademark law will be vital for brands aiming to innovate, connect, and lead in the changing world of intellectual property.
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