Certain sounds, that utilize auditory elements including music notes and voices, may be protectable under US trademark law. These marks are referred to as sound marks. A sound mark refers to distinguishing audio that companies or businesses use to set themselves and their products apart in the marketplace, similar to a word or design trademark. Some well-known sound marks include the three chimes from NBC, the roaring lion sound from MGM Studios, and Pillsbury Doughboy’s giggle.

How Can You Obtain a Sound Mark Registration?

Obtaining a sound mark registration is a little more difficult than obtaining the more common word or design mark. Once it is determined that a sound mark may function as a trademark, it may be prudent to apply for federal trademark protection for the sound mark. 

A trademark application for a sound mark must meet certain requirements. Sound trademarks must be distinctive. Commonplace or generic sounds may not qualify for trademark protection, which may make obtaining sound trademarks more difficult than obtaining word or image marks. Some sound marks may be distinctive by nature and others, like sounds made in the normal course of operation of a product, may need to acquire distinctiveness to qualify for trademark protection.

Along with the standard information required for all trademark applications, a sound mark application must also include:

1. A literal description of the sound;
2. An audio file of the sound; and 
3. A specimen showing the use of the sound mark in connection with your goods and/or services.

The audio file of the sound mark may be digitally attached to the application. In limited situations, a paper application with the audio file on a CD, DVD, audiotape, or VHS may be submitted. A detailed description of the sound must be provided in the application. As required for all other types of marks, it must also demonstrated that the sound is in use in connection with the goods and services listed on the application by submitting proof of use before the mark may register.

What May or May Not Qualify as a Sound Mark?

Listeners must be able to identify the sound quickly and readily. Commonplace sounds may not be eligible for protection. Alarms, telephones, and other signals are examples of commonplace sounds. Trademarks are only granted for sounds that are unique, source-identifying, and distinctive. Sound effects like an alarm clock, chirping birds, and whistles may not be eligible for trademark protection unless there is a showing of acquired distinctiveness in the sound. 

How Can You Show Use of a Sound Mark to Obtain Registration?

Use of a sound mark may be shown in a variety of ways.  For example, a website link showing that the sound plays either when items are added to an electronic cart or when a customer’s mouse pointer passes over the desired items may be sufficient to show use. Use of a sound mark may also be demonstrated by an audible signal that is released when opening a product’s box. This may demonstrate use of the mark in association with the sale of goods. Another example would be providing a video that shows use. If the applied-for sound mark is played at the beginning, during, or at the end of a commercial for a product, a video of the commercial may be sufficient to show use. 

Importance of Protecting a Sound Mark and When You Should Consider Sound Mark Registration 

It is important to protect a sound mark because, like any other trademark, a sound trademark aids in the process of helping consumers distinguish certain goods or services from others. Instead of using written words or visuals, it does this through audio. A sound may be used as a trademark if customers can easily associate it with the provider of certain goods or services in their minds. Sound marks must act as unique source identifiers to qualify for protection.

Once it is determined that a sound is distinctive, it may be prudent to apply for trademark registration.