Monday, December 18, 2006

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.




Friday, December 08, 2006

Who's Got a Question?

Yesterday's post got me thinking about you guys, the lovely readers and the questions you may have. So, I'm going to leave this post up for a few days & ask you…

Are there any questions I can answer for you? They can be about trademarks, copyrights, patents or starting a business.

If so, please comment & I'll make a post about it. If you'd like your web site listed with the post, be sure to include it.

Or if you prefer to remain anonymous, please email me. I'll then post about it but take out any personal details.

You can also chat with me live here - scroll down and click the Chat Online button.

I'm looking forward to reading your questions!



Tuesday, December 05, 2006

Sony's ® Not Playing Around

The mania surrounding the release of Sony's ® newest incarnation of the Playstation ®, the PS3 has subsided a bit. It helps that the first batch of gaming systems has sold out.

Sony has taken preventative measures to ensure that they are the one & only importer of their new wunderkind.

Read more about trademarks

What if someone's using your trademark or trade name without your permission?