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Can Sound or Smell be registered as a trademark in India?

Yes, Sound Marks can be registered in India under the Trade Mark Rules, 2017.

As per the new Trade Mark Rules 2017 in India, a sound mark has to be submitted in the MP3 format not exceeding thirty seconds length recorded on a medium which allows for easy and clearly audible replaying accompanied with a graphical representation of its notations.

However, Smell Marks cannot be registered in India under the Trade Marks Act, 1999 unless it can be graphically represented as definition of trade mark makes it clear that in order to constitute a trade mark it should be “represented graphically”

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