| Yahoo!’s yodel became the first sound mark to be | | | | distinctive (adapted to distinguish the goods/services of |
| granted by Indian Trade Marks Registry. As per the | | | | the applicant from that of others) and must not |
| definition of mark under the Indian Trademark Act, a | | | | deceptive. |
| ‘Mark’ includes a device, brand, heading, label, | | | | The Trademarks Registry granted registration to |
| ticket, name (including abbreviations), signature, word, | | | | Yahoo!’ yodel on August 18, 2008. The sound mark |
| letter, numerals, shape of goods, packaging or | | | | can be registered in India as they are capable of being |
| combination of colors and any combination thereof. As | | | | represented graphically i.e. in the form of musical notes |
| per the provision of the Indian Trade marks Act a | | | | thus satisfying the requirement of the Indian Trade |
| ‘Trademark’ means a mark capable of being | | | | Marks Act. As per the Indian Trade Marks Act one of |
| represented graphically and which is capable of | | | | the essential and inherent requirement of a trade mark |
| distinguishing the goods or services of one person | | | | is that it should be capable of being represented |
| from those of others. It also denotes the origin of | | | | graphically and must be able to distinguish the good or |
| goods and carries goodwill of the business in respect | | | | services in respect of which it is employed from that |
| of which it is used | | | | of others. |
| Further, the Indian Act requires that trademark must be | | | | |