Key Takeaways

  • A sound trademark must be distinctive, non-functional, and directly associated with a product or service.
  • Registration requires submitting a sound file and proof of acquired distinctiveness (often after five years of use).
  • The USPTO uses a strict standard for sound trademarks, assessing uniqueness and consumer recognition.
  • Functional or generic sounds (like alarms or beeps) typically cannot be registered.
  • Famous examples include the NBC chimes and MGM’s lion roar.
  • The application must include a detailed description of the sound and its commercial use.

A sound trademark must be extremely unique to the point of becoming a subliminal indicator in the listener's mind, so the person hearing it associates it with an event or specific source. It's extremely hard to get a trademark on a sound because the standards are so strict. NBC was the first entity to successfully register a trademark for a sound in 1978. Even after 40 years, it's still not easy to obtain a sound trademark.

The Lanham Act

The law that allows for registering trademarks, the Lanham Act, does not preclude sound for use in commercial endeavors. Sound trademarking just hasn't been a part of marketing practices for that long in comparison to other branding techniques. One complication associated with branding a sound is that your entity has to be the biggest, or one of the biggest, in the market before a sound can subliminally plant itself in listener's minds.

Types of Sounds That Can Be Trademarked

A sound trademark can include a range of audio elements such as musical notes, spoken phrases, jingles, and even non-musical noises—so long as they uniquely identify the source of goods or services. Notable categories include:

  • Musical sounds – e.g., a specific chime or melody like the Intel jingle.
  • Non-musical sounds – such as animal roars or synthetic effects, like the MGM lion’s roar.
  • Spoken word or catchphrases – think of Homer Simpson’s iconic “D’OH!”
  • Combination sounds – a blend of music, speech, and effects, provided they are unique and source-indicating.

The key is whether the public associates the sound with a particular brand, rather than just recognizing the sound itself​​.

Copywriting Sounds Instead of Trademarking Them

As a rule, it's easier for businesses to copyright sounds than it is to get a sound trademarked. As soon as the sound is created in a tangible form, it's copyrighted under US copyright laws. Trademarks stay active as long as the entity renews it and is using it, while copyright expires six decades after the death of the creator. It's possible to copyright first and then apply for a trademark before copyright ends if needed. The copyright is enough to support your claim of owning the sound if someone tries to use it without permission.

What Makes a Sound Mark Protectable

Commonplace sounds can't be trademarked. Commonplace sounds include things like alarm clocks and other electronic signals. Only sounds that are distinctive, arbitrary, and unique are allowed to be trademarked. Functional sounds also cannot be registered as trademarks. Functional sounds include:

  • Sounds that are an essential element to the way goods and services are used
  • Sounds that affect the cost of goods and services
  • For example, if giving one organization exclusive use of a sound would put competitors in a bad spot

Legal Tests and USPTO Evaluation Criteria

To qualify as a sound trademark, the USPTO evaluates several factors, including:

  1. Distinctiveness: The sound must stand out from everyday auditory cues. Arbitrary or fanciful sounds have the best chance.
  2. Source Identification: Consumers must associate the sound with the applicant’s goods/services.
  3. Functionality Doctrine: Functional sounds—those essential to the use or purpose of a product—are ineligible.
  4. Acquired Distinctiveness: If not inherently distinctive, the applicant must prove "secondary meaning," typically by showing at least five years of continuous and exclusive use.

The USPTO may reject applications that resemble generic sounds or serve utilitarian functions, like the sound of a car engine starting or a timer buzzer​​.

Noise-Making Goods

Sound trademarks for merchandise that makes noise are only registerable when it can be shown that the sound is distinctive to those goods and substantially exclusive. Continuous use of around five years is also required before a claim of distinctiveness can be submitted. The paper application for a sound trademark must be marked as a request for a Non-Visual Mark. The option to select it as a request for a sound mark is also offered via the online application.

Submitting the Sound File

In addition to the form, a sound file must be submitted for review for trademarking purposes. If the application is submitted digitally, the sound mark can be attached to the application in digital format. If the application is submitted on paper, then the applicant needs to include a CD, DVD, audiotape, or videotape. The audio file size needs to be 5 MB or less if submitted digitally. A detailed description of the sound must be included when applying. The application also has to show how the sound is used in relation to the goods and services in question.

Examples of Registered Sound Trademarks

Several iconic brands have successfully registered sound trademarks:

  • NBC – The chime sequence (G-E-C), registered in 1978, was the first recognized sound mark.
  • MGM – The roar of the lion used at the start of films.
  • Intel – The five-note jingle used in ads.
  • Yahoo! – The falsetto "Yah-hoo-oo!"
  • Tarzan Yell – A distinct vocalization owned by Edgar Rice Burroughs, Inc.

These cases demonstrate how consistent and widespread use of a sound can help establish strong brand recognition and meet USPTO criteria​​.

Can People Recognize the Sound if it's Hummed?

Most of the time, trying to register a sound mark doesn't work out for businesses. You basically have to be able to hum the sound bite to someone and have them tell you right off where it's from or you won't be able to successfully convince the Trademark Office that your sound has pierced the subliminal mind of people who hear it. While trademarking sounds is a unique advantage in marketing, copyrighting also works for most businesses with equivalent results.

A sound trademark is pretty much just what it sounds like. An organization develops or arranges a unique sound clip. This must be done through a combination of sound effects and music. After the sound creation is finished, the organization can get it officially licensed and then use it in marketing to customers so customers begin to think of the company every time they hear the sound. This type of sound familiarity is common on TV when the intro music begins to play.

Benefits of Sound Trademarks for Brand Strategy

Sound trademarks offer several strategic benefits:

  • Emotional connection: Sounds can evoke emotion more quickly than visual symbols.
  • Memorability: A unique jingle can stick in consumers’ minds and improve brand recall.
  • Multisensory branding: Especially effective in digital, radio, and television advertising where audio dominates.
  • Competitive edge: A protected sound mark prevents competitors from mimicking recognizable brand audio.

These advantages make sound trademarks valuable, especially in media-driven industries like entertainment, tech, and advertising​​.

Frequently Asked Questions

  1. What qualifies a sound for trademark registration?
    The sound must be distinctive, non-functional, and serve as a source identifier. Commonplace or utilitarian sounds usually don’t qualify.
  2. How do I apply for a sound trademark?
    You must submit an application with the USPTO, including a sound file, detailed description, and proof of use in commerce.
  3. Can any business get a sound trademark?
    While any business can apply, success often depends on whether the sound has achieved distinctiveness through extensive use.
  4. Are there limits to sound trademark protection?
    Yes. Sounds that are essential to the function of a product, or that are too generic or similar to existing marks, are not protectable.
  5. Can I register a sound that includes music?
    Yes, as long as the musical composition is original and used to identify your brand, and it meets USPTO distinctiveness standards.

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