What do you associate with your favorite brands? It might be a color, such as Coca-Cola’s iconic red, or Nike’s tick-mark logo. While visual assets usually spring to mind, sounds can also become closely associated with brands. Have you ever noticed that “ta-dum” sound before your favorite Netflix show starts? Or the classic three-note NBC chime during commercial breaks? Yep, those are registered trademarks.
These audio snippets, also known as “sound marks” or “sound logos,” pack a punch when it comes to brand recognition. These catchy tunes subconsciously make you think of their corresponding brands — sometimes even faster than seeing their visual logos.
Sound marks are powerful tools for companies looking to stand out from the competition. That’s why brands will spend the bucks to trademark and protect these audio assets. They don’t want anyone else using their signature sounds.
The world is increasingly multimedia and digitally driven, so brands can take advantage of sound marks to build a strong connection with their audience. So let’s find out: can sound be trademarked?
Can Sound Be Trademarked?
So, what can be trademarked? You can trademark sounds and jingles, but they are a bit trickier to obtain than your typical word or logo trademarks. The United States Patent and Trademark Office (USPTO) has some specific rules about sound marks. A sound needs to be uniquely associated with your brand to be trademarked.
When it comes to songs, it’s a different ball game. Obtaining a trademark for an entire song is hard because songs usually fall under copyright protection instead. A song is unlikely to be effectively commercially linked with your brand.
Short jingles and distinctive sound effects are the bread and butter of trademarked sounds. You need a sound that’s not just catchy but truly defines your brand. It takes some time and effort, but the right sound could be worth it for big brand recognition.
How Can You Register a Sound Mark?
First things first, you’ve got to do your homework. Before you even consider applying, you need to check out the USPTO’s Trademark Electronic Search System to ensure nobody else has already claimed a sound similar to yours. Some sounds are naturally unique, but others — such as the noise your product makes when it’s working — might need some extra proof to show they’re distinctive and tied to your brand.
Once you’ve confirmed your sound or jingle is distinct, you can start the application process with the USPTO. In addition to the usual requirements for general trademark applications, you’ll need to include a few extra bits for a sound mark:
- A description of your sound in words (trickier than it sounds!)
- An audio file of the actual sound
- An example showing how you’re using the sound to promote your products or services.
If you’re applying online, you can attach the audio file to your application. Just remember, you have to prove you’re actually using the sound to market your products or services. Without proof, your application may get rejected.
Registering a sound mark is a bit of work. But if a sound is a vital part of your brand identity, it could be worth jumping through some hoops to protect. After all, you wouldn’t want someone else using your signature sound, would you?
Trademark Sound Mark Examples
Let’s review some examples of the country’s most recognizable sound trademarks. These sound marks have become so ingrained in our culture that you’ll probably be able to “hear” them in your head as we go through the list.
- MGM’s Roaring Lion
- NBC’s three-chime sequence
- THX’s “Deep Note” crescendo
- Intel’s five-note “bong” jingle
- McDonald’s “I’m Lovin’ It” whistle
- 20th Century Fox’s fanfare
- Netflix’s “ta-dum” sound
- HBO’s static intro
- Law & Order’s “dun dun” sound effect
- Windows startup sound
- iPhone’s default ringtone
- Pillsbury Doughboy’s giggle
When Should You Consider Trademarking a Sound?
Are you thinking about trademarking a sound? It’s not something every business needs to worry about, but in some cases, it makes perfect sense, and trademarking has many benefits.
First, consider trademarking a sound if it has become integral to your brand identity. For example, you may have a catchy jingle that plays in all your commercials, or a unique tune that accompanies your logo. If your customers have started associating such sounds with your business, it’s time to protect them with a federal trademark.
This is especially true if you’ve invested much time and money into creating and promoting this audio branding.
For larger companies exploring sonic branding strategies, trademarking sounds or jingles can be a smart move. It’s all about protecting your brand assets.
If you’re rolling out a consistent sound across multiple platforms — TV ads, radio jingles, podcasts, even as a “hold tune” for your customer service line — that sound becomes valuable. Trademarking prevents competitors from using something similar and potentially confusing your customers.
Wrapping Up
Sound trademarks are an exciting aspect of brand identity that often goes unnoticed. From the MGM Roaring Lion to the Netflix “ta-dum,” these distinct sounds have become tools for instant brand recognition.
While not every business needs a sound trademark, for those investing in sonic branding, it can be a valuable asset worth protecting. Remember, uniqueness and strong association with your brand are the keys to getting a sound mark approved. Simply presenting a catchy tune won’t cut it.
As you develop your brand strategy, consider all aspects of your identity, including the auditory elements. Whether it’s a distinctive sound mark or a memorable brand name, every piece counts in building a strong, recognizable brand. Make sure your potential sound mark is destined for a successful application with our expert Trademark Research Service today.
