ICICI'S "Dhin Chik Dhin Chik". gets sound trade mark registration

After Yahoo’s Yodle, its ICICI who gets its sound trademark registered in India. India’s one of the largest Private Bank, ICICI has got a sound trademark registration for its corporate jingle "Dhin Chik Dhin Chik". Dhin Chik Dhin Chik is the tune that ICICI customers get to hear when phone call is made to the bank. This is the second sound mark to be registered in India. The first sound mark in India was granted to the California-based Internet firm Yahoo! Inc. for its three-note Yahoo yodel in August, 2008. Sound trademark for the first time was granted by the USPTO in 1950 to the National Broadcasting Company for Radio broadcasting services.

According to the Indian Trademark manual, for a sound trademark to be registered, the representation of the sound to be registered must be clear, precise, self-contained, easily accessible, intelligible, durable and objective. It is sufficient that the sign is easily intelligible. Further, the applications for sound marks must clearly state that they are sound marks. Otherwise the application will be examined as if it were a word and/or device mark. Secondly, the graphic representation requirements should be met by representation of the sign by a musical stave divided into measures and showing, in particular, a clef, musical notes and rests indicating relative value and sharps, flats and naturals.

The acceptability of a sound mark depends upon whether the sound is or has become a distinctive sign; that is whether the average consumer will perceive the sound as meaning that the goods or services are exclusively associated with one undertaking. Consideration should also be given as to whether other economic operators are likely, without improper motive, to wish to use the sound in the ordinary course of their business.

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