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Sound trademark


A sound trademark is a trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services.

In recent times, sounds have been increasingly used as trademarks in the marketplace. However, it has traditionally been difficult to protect sounds as trademarks through registration, as a sound was not considered to be a 'trademark'. This issue was addressed by the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, which broadened the legal definition of trademark to encompass "any sign...capable of distinguishing the goods or services of one undertaking from those of other undertaking" (article 15(1)).

Despite the recognition which must be accorded to sound trademarks in most countries, the graphical representation of such marks sometimes constitutes a problem for trademark owners seeking to protect their marks, and different countries have different methods for dealing with this issue.

Sound branding (also known as audio branding, music branding, sonic branding, acoustic branding) is “the strategic use of sound … in positively differentiating a product or service, enhancing recall, creating preference, building trust, and even increasing sales.” Audio branding can tell you whether the brand is romantic and sensual, family-friendly and everyday, indulgent and luxurious without every hearing word or seeing a picture. And it gives a brand an additional way to break through audiences’ shortened attention spans.

The sound logo (or audio mnemonic) is one of the tools of sound branding, along with the jingle, brand music, and brand theme. A sound logo (or audio logo or sonic logo) is a short distinctive melody or other sequence of sound, mostly positioned at the beginning or ending of a commercial. It can be seen as the acoustic equivalent of a visual logo. Often a combination of both types of logo is used to enforce the recognition of a brand. An example is the T-Mobile logo and ringtone composed by Lance Massey, the Intel logo composed by Walter Werzowa, or the Michelin logo composed by Sixième Son.


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