Skip to main content
Do You Hear What I Hear?

I received a question in response to this post about sound trademarks. "

  • 'What has to be provided to trademark a particular sound?'

According to TRIPs the ability to file and register a sound trademark "depends on [the] aural perception of the listener which may be as fleeting as the sound itself unless, of course, the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened when heard and to be associated with the source or event with which it struck."

Okay, now what does that actually mean? Basically, the sound has to be 'inherently different or distinctive' in that when someone hears it the sound is associated with the mark.

For instance, MGM has successfully filed and registered their distinctive lion's roar. To see more sound trademarks, go here.

Filing a sound trademark application is similar to filing a traditional trademark except in respect to the sound itself. Further details can be found here.

  • 'In The US what does this cost to trademark a sound?'

The filing fee for the USPTO is determined by the number of classifications filed and not by the type of mark. The USPTO filing fee is $325 per International Class. "

  • 'Are there many countries where sounds cannot be trademarked?'

There are different rules and restrictions, which more can be read about here.

Read more about trademarks.

Read other Trademark FAQ.




Comments

Popular posts from this blog

Trademark 101: State Trademark or Federal Trademark?

Now that you know what a trademark is, what a trademark isn’t, and that you should get a trademark, let’s explore if a State trademark or Federal trademark is most appropriate for your needs.
For the USA, trademarks can be obtained either at the State level or the Federal level. So, which do you need? I’ll explain both and that’ll give you a clearer picture as where to go from here.
First and foremost, a State trademark gives you trademark protection for that specific state whereas a Federal trademark gives you trademark protection nationwide. Simple enough, yes? But, which is the right trademark for your needs?
1)Are you actively in business? 2)Are you only doing business in one city or county or just statewide?
If you answered yes to both, then exploring a State trademark is your next step. Here are some advantages to a State trademark:
·The right to expand statewide. The name will be waiting for you in other metros. ·If another mark is infringing upon yours within the state, you’ll have a…

Beware of Official-y Correspondence

Once you get that trademark filed be aware that your information is of public record, which means, unfortunately, some will mine that resource & some of those folks will send you solicitations. 
These solicitations often look very official, and "may use names that resemble the USPTO name, including, for example, one or more of the terms "United States," “U.S.,” "Trademark," "Patent," "Registration," "Office," or "Agency."  
Some will even have documents that resemble actual government documents rather than what you'd expect a company to send and this is often done by "emphasizing official government data like the USPTO application serial number, the registration number, the International Class(es), filing dates, and other information that is publicly available from USPTO records."
Most of these are asking you for money. That's your major warning flag.
"All official correspondence will be from the …

$50 Discount: Ends Wednesday, July 20th - Mention the Blog When Ordering

$50 DISCOUNT! Exclusively for you Comprehensive Research & Analysis: Federal/State Trademark & Common-Law Federal Trademark Application Order by Wednesday, July 20! 800-776-0530

So, you finally settled on the perfect name for your product or service – that's fantastic! Finding just the right name is vitally important to the success of any product line or service.
Or, perhaps, we've already searched & filed a trademark for you. If it's been a couple of years, have you had protective research conducted? Do you have a logo or a slogan or a new product/service name?
Regardless if you're new to the world of trademarks or have already gone 'round once, let's walk through a quick primer. Protecting your brand is a vital part of your overall business plan.
Trademark Step-by-Step Primer
1) Is it required that I register my trademark?
No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:
* Pu…