Music to Your Ears: Protecting the Sounds of a Brand

Some of the world's most recognizable brands are identifiable by what consumers hear. From the famous NBC chimes to Netflix's "ta-dum," sound trademarks have been a valuable form of intellectual property, helping businesses to create memorable brand identities.

As branding continues to evolve across digital platforms, sound marks are becoming more visible (or, should we say, hearable?). More recently, celebrities have begun seeking protection for certain vocal expressions and phrases, which suggests a growing trend that a recognizable voice can be just as valuable as a logo or brand name.

What Is a Sound Trademark?

A sound trademark (or sound mark) is a non-traditional trademark consisting of a sound that identifies and distinguishes the source of a good or service. Like any trademark, the central factor is whether consumers associate the sound with a particular business.

A sound mark can take a number of forms, including:

• A musical jingle

• A sequence of tones or chimes

• A distinctive spoken phrase

• A unique sound effect

It’s important to note that not every sound qualifies for trademark protection. To be registrable, the sound must function as a source identifier. This means that consumers recognize the sound as indicating the origin of specific goods or services. Generic or commonplace sounds generally are not protectable.

Why Register a Sound Mark?

Registering a sound mark offers many of the same advantages as registering a traditional word or logo mark.

• Exclusive Rights: A federal trademark registration for a sound mark provides the owner with exclusive rights to use the sound in connection with the registered goods or services. This can help prevent competitors from using confusingly similar sounds that may mislead consumers.

• Stronger Brand Recognition and Enforcement Capabilities: Audio branding can be a strong marketing tool. Consumers can sometimes recognize a brand within seconds of hearing a familiar sound or jingle, even before seeing any logo or brand name. Protecting these distinctive sounds preserves the valuable consumer recognition and goodwill that businesses have worked to establish.

  Additionally, registration strengthens a trademark owner's ability to enforce its rights. A registered sound mark can serve as the basis for infringement claims against unauthorized uses that are likely to cause consumer confusion.

• A Valuable Intellectual Property Asset: Like other trademarks, sound marks are business assets. They can be licensed, assigned, or included as part of broader intellectual property portfolios, adding value to a company's brand.

Celebrity Sound Marks

There has been growing interest among celebrities in registering sound trademarks, particularly for certain spoken phrases, catchphrases, and vocal introductions. For example, Taylor Swift filed U.S. trademark applications for the spoken phrases "Hey, it's Taylor Swift" and "Hey, it's Taylor." Matthew McConaughey has similarly pursued trademark protection for sound marks, including his famous delivery of "Alright, alright, alright." These filings illustrate how celebrities are recognizing vocal expressions and phrases as protectable brand assets rather than just memorable lines. They also highlight a particular strategy in intellectual property law. While copyright protects original sound recordings, trademark law can offer another potential avenue of protection where a distinctive sound functions as a source indicator of a good and/or service.

Consider Whether a Sound Mark is a Good Fit

As consumers continue to digitally engage with brands, sound has become a powerful branding and marketing tool. Whether it’s a company's jingle or a celebrity's recognizable voice, sound marks demonstrate that brand identity is not just limited to what consumers can see. In today's marketplace, the sounds associated with a brand can be just as distinctive as its name or logo.

Have you considered protecting the sounds of your business? Contact us at Trellis Legal to learn more.

DISCLAIMER: This blog post is meant for informational purposes only and does not constitute specific legal advice or create an attorney-client relationship. Readers should discuss their specific situation and considerations with an attorney.