Kingfisher’s iconic ‘Oo La La La Le O’ jingle just made legal history in India: Here’s why

Introduced in 1996, still on

• The jingle, introduced in 1996 by the company and first used commercially on February 21, 1996, has been a consistent feature of Kingfisher‘s advertising campaigns for nearly three decades.
• It has achieved widespread recognition, particularly during cricket broadcasts such as IPL overs, where the tune alone evokes strong brand recall for Kingfisher without any visual cues, logos, or verbal mentions.
• This registration marks UBL as the first company in India’s alcoholic beverages category and one of the few overall to obtain a registered sonic trademark.

The jingle, introduced in 1996 and first used commercially on February 21, 1996, has been a consistent feature of Kingfisher’s advertising campaigns.

• It underscores the growing acceptance of non-traditional trademarks under the Trade Marks Act, 1999, where sensory elements like sounds can qualify for protection upon demonstrating acquired distinctiveness through long-term, exclusive use.
• The move strengthens UBL’s ability to enforce exclusive rights against unauthorised similar uses, reflecting a broader trend toward protecting auditory brand identities in a competitive market.
• This development joins India’s limited but expanding list of registered sound marks, highlighting how established brands are leveraging legal tools to safeguard cultural and commercial sonic assets.

‘Maturation of Indian trademark jurisprudence’

Swati Sharma, partner (head – intellectual property), Cyril Amarchand Mangaldas commented on the development and said “Any mark, that is capable of being represented graphically and which is capable of distinguishing one’s goods and services from the other, qualifies as a “trademark” under the Trade Marks Act, 1999. Sounds can create a distinctive impression, sound can create an identity/ source recognition.”

“If a consumer attaches a source to a sound and such sound is distinctive, it is very much capable of acting as a trademark. It further meets the criteria of graphical representation- through depiction of the musical notes that represent the sound in question. Hence, sounds can be registered as trademarks,” she added.

In fact, the Yahoo yodel, which was associated with the Yahoo search engine, was the first sound mark to be protected as a trade mark in India, back in 2008, Sharma said.

Ronil Goger, managing partner, Blaze Legal speaking on the development said that the registration of the “Oo la la la le o” jingle associated with Kingfisher illustrates the maturation of Indian trademark jurisprudence in accommodating non-traditional marks within orthodox statutory boundaries.

“What began as an advertising mnemonic gradually evolved into a sonic shorthand for the brand itself – precisely the type of intangible asset that trademark law is designed to recognise and protect. Procedurally, Rule 26(5) of the Trade Marks Rules, 2017 requires submission of the sound in MP3 format (not exceeding 30 seconds) along with musical notation to satisfy the graphical representation requirement,” he explained.

This registration of the Kingfisher jingle marks UBL as the first company in India’s alcoholic beverages category and one of the few overall to obtain a registered sonic trademark.

Ankit Sahni, Partner, Ajay Sahni and Associates commented on the development while commenting on the legal design that the Indian trademark law was drafted at a time when branding was largely visual. Section 2(1)(zb) of the Trade Marks Act, 1999 requires a mark to be capable of ‘graphical representation’, a phrase that historically contemplated words, labels and devices that could be seen.

“Sound, by its nature, is intangible and does not lend itself to visual depiction in the ordinary sense. However, commercial branding has evolved, and consumers today often recognise businesses by distinctive audio cues as much as by logos,” said Sahni.

Explaining the distinction between the intersecting laws he elaborated that the copyright and trademark often intersect in the case of jingles, but their objectives are fundamentally different.

“A melody may be copyrighted the moment it is composed and recorded, yet it becomes a trademark only when it acquires the capacity to identify and distinguish goods or services in the marketplace. In essence, copyright protects artistic expression, while trademark protects commercial goodwill and consumer association. The same sound can therefore enjoy dual protection, but the legal rationale behind each right remains conceptually distinct,” he added.

Sumit is an intern with The Indian Express.