A sound is a powerful tool for building brand recognition. By developing sound branding strategies, many companies have successfully leveraged this power. In addition, the advancement of sound recognition technology has led to the possibility of trademarking a sound. This development is significant in the world of intellectual property and can benefit businesses looking to protect their brand identities. This blog post will explore how to trademark a sound and the differences between sound copyrights and sound patents.

Understanding Trademarks

Trademarks are essential for any business, protecting brand identity and preventing others from using similar marks that could confuse consumers. A sound trademark is a distinctive sound used to identify and distinguish a company's goods or services from others.

How to Trademark a Sound

It only requires a sound to be distinctive and non-functional to trademark a sound, meaning that it cannot be essential to the use or purpose of the product or service. Additionally, the sound must be used consistently to identify the company's products or services. Notably, the sound must also not be used by another company in the same industry. Once a company has identified a distinctive sound that meets these criteria, the first step is to search to ensure that the sound is available. The search should include trademarks, domain names, and social media handles.

Trademark Registration

Assuming the sound is available, the next step is to file a trademark application with the relevant intellectual property office. In the UK, this is the Intellectual Property Office (IPO). The application must include a description of the sound and an audio recording of the sound itself. The IPO will review the application to ensure that it meets all of the requirements for trademark registration. Once the application is approved, the company will be granted a sound trademark. This trademark will give the company exclusive rights to use the sound in connection with its products or services. It means that no other company will be able to use the same sound in a way that could confuse consumers.

The Rarity of Sound Trademarks

Sound trademarks are relatively rare, with only a handful registered in the UK, according to the IPO. However, more companies may explore this option as sound recognition technology improves. Trademarking a sound is a valuable strategy for building a unique brand identity and securing the exclusive use of a sound to protect it from unauthorized use.

Sound patents and Copyrights:

Companies can safeguard their sound-based intellectual property through sound copyrights and patents, but crucial distinctions exist between these forms of protection.

Sound copyrights are automatically granted to an original sound recording, meaning the company that creates the recording owns the copyright. This exclusive right enables the company to reproduce, distribute, and perform sound recordings.

In contrast, sound patents are granted to a novel and applicable invention. While patenting a sound is theoretically possible, it is unlikely that most sound-based innovations would meet the criteria for patentability.

Sound trademarks offer the most significant protection for companies seeking to safeguard their sound-based branding. Trademarks provide exclusive rights to use sound in connection with products or services, precisely what most companies desire when creating a sound-based brand identity. Unfortunately, sound trademarks are relatively rare, though they are becoming more common as sound recognition technology advances.

Sound Branding Strategies

Developing sound branding strategies is becoming an increasingly popular way for businesses to distinguish themselves from their competitors. Creating a unique and memorable sound can build brand recognition and increase customer loyalty. Sound recognition technology, which uses artificial intelligence to identify and analyze sounds, makes it easier for companies to create and trademark distinctive sounds.

One example of a booming sound trademark is the MGM lion roar. The roar was first used in 1928 and has become one of the most iconic sounds in the entertainment industry. MGM Studios has exclusive rights to use sound in connection with its products and services.

Another example is the NBC chimes, which were first used in 1929. The three chimes have been used as the network's audio logo and have become synonymous with the brand. NBC filed a trademark application for the sound in 1950, and the trademark was granted, giving them exclusive rights to use the chimes in connection with their products and services.

Sound branding strategies are suitable for companies of all sizes and industries. However, it is essential to remember that not all sounds are eligible for trademark protection. For instance, functional sounds like those of a car engine or machine do not qualify for trademark protection.

In addition to trademark protection, companies can use sound copyrights and sound patents to safeguard their sound-based intellectual property. While sound copyrights are automatically granted to any original sound recording, sound patents are given to new and valuable inventions. However, these types of protection are less common and less effective for sound-based branding than sound trademarks.

Conclusion:

To sum up, sound trademarks are a valuable and increasingly popular method for companies to safeguard their identities and develop brand recognition through sound branding tactics. As sound recognition technology progresses, companies can establish and trademark unique sounds to set themselves apart. Trademarks offer the most favorable form of protection for sound-based branding, granting exclusive rights to utilize sound with their products or services. Although sound trademarks are not prevalent, successful instances like the Netflix "ta-dum" sound and Mastercard's sonic branding display their potential value. While sound copyrights and sound patents are available, they are less advantageous in sound branding strategies than sound trademarks.