Oo La La La Le O’ Gets Legal Backing: United Breweries Wins Sound Mark Registration For Iconic Kingfisher Jingle
Oo La La La Le O’ Gets Legal Backing: United Breweries Wins Sound Mark Registration For Iconic Kingfisher Jingle
Introduction
United Breweries Limited has secured registration of its iconic “Oo la la la le o” Kingfisher jingle as a sound mark under the Trade Marks Act, 1999. The Trade Marks Registry issued the certificate of registration with effect from January 31, 2025, with the certificate being sealed on February 5, 2026. The registration is valid for ten years and is renewable thereafter.
Factual Background
The sound mark relates to the well-known Kingfisher jingle associated with beverages marketed by United Breweries. The company stated that the jingle has been in continuous use since February 21, 1996 in relation to alcoholic and non-alcoholic beverages.
The application was filed as an “Instrumental Melody (Sound Mark)” under Section 18(2) of the Trade Marks Act through a multiclass application.
Procedural Background
During examination, the Trade Marks Registry recorded that no identical or deceptively similar sound mark existed on record. The application was accepted and advertised under Section 20(1) of the Trade Marks Act, 1999 before proceeding to registration.
The registration covers goods falling in:
● Class 32: Beers, non-alcoholic beverages, mineral and aerated waters, fruit beverages, fruit juices, syrups and preparations for making non-alcoholic beverages.
● Class 33: Alcoholic beverages (except beers) and alcoholic preparations for making beverages.
Issues
1. Whether the Kingfisher jingle qualifies as a distinctive sound mark under Indian trademark law.
2. Whether the mark satisfies requirements of graphical representation and distinctiveness under the Trade Marks Act, 1999.
Contentions of the Applicant
United Breweries asserted that the jingle has acquired distinctiveness through long and continuous use since 1996 and serves as a source identifier for its beverages. The company sought protection for the sound as a non-traditional trademark capable of distinguishing its goods in the marketplace.
Reasoning and Analysis
Under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, sound marks are registrable provided they are capable of graphical representation and are distinctive in identifying the commercial origin of goods or services.
The Registry, upon examination, found no conflicting marks and accepted the application. The absence of objections and lack of similar prior registrations supported the distinctiveness claim.
India has previously recognised limited sound marks, including the Yahoo yodel, Nokia tune, ICICI Bank jingle, Airtel signature tune, Britannia musical logo and Reliance Jio sonic logo. The registration of the Kingfisher jingle adds to the growing list of non-traditional trademarks protected in India.
Decision
The Trade Marks Registry granted registration to United Breweries Limited for the “Oo la la la le o” Kingfisher jingle as a sound mark covering Classes 32 and 33. The registration is valid for ten years from January 31, 2025 and is renewable thereafter.
United Breweries was represented by LS Davar & Co.
