An audible roar from MGM®. Those unforgettable “dun-dun”s from your favourite Law & Order episodes. The standard marimba ringtone found on iPhones. Some sounds can be imagined in their entirety simply by reading about them.
You recognise them instantly when you hear them on the radio, television, or the internet. That’s why many companies try to trademark noises they’ve come to identify with their brand. To learn more, continue reading.
This Appears Acceptable To Me
Sound is a crucial part of any successful brand’s identity. In contrast to colours, logos, and slogans, they can move freely between mediums. Sound also facilitates cross-platform brand expansion, making it easy for consumers already familiar with a given product to spot it in a new context.
It can be a deliberate approach to create a signature sound for a product. Occasionally, a feature or aspect of a product’s advertising reaches customers in a way they did not anticipate. What matters is that the consumer has come to associate the tune with the company. A trademark can prevent rivals from taking advantage of the goodwill built up by this association.
Copyright vs. Trademark
Copyrights are the first thing that comes to mind when discussing the safekeeping of musical works. Sound is typically considered a creative work that warrants copyright protection. Why is it trademarked if a sound is so easy to reproduce? The nature and context of the sound play a role.
You can count on certified attorneys to help you take stock of your intellectual property and give sound advice on safeguarding it. Music or sounds may be copyrighted, trademarked, or both, depending on the circumstances.
What Sounds Are Allowed to be Registered as Trademarks?
According to TMEP Section 1202.15, a sound mark identifies and distinguishes a product or service. When sound marks are associated with a good or service, they assume a set shape and arrangement in the listener’s mind. Sounds can be registered on the Principal Register if they are perceived as unusual, unique or distinctive, and if they are used to attach to a listener’s mind and awaken upon further hearings so that the listener can distinguish a particular product or service from an anonymous source..”
To be trademarked, a sound basically needs to be unique and associated with a specific brand.