Sounds play a key role in marketing a company’s brand and establishing brand recognition. For example, when he hears a duck’s voice say “Aflac,” he instantly recognizes it from American Family Life Assurance Company commercials. It is beneficial for companies to expand their brand strategies to encompass all the senses, rather than just one. It makes the company or product more memorable and increases consumer loyalty, which helps improve profits. However, the use of sound as a distinctive brand identifier has not been an advertising tool for a long time. According to Trademark Office records, the first successful application for a sound mark was registered in 1978 and was filed by NBC for its famous jingle. NBC’s trademark decision set a precedent in the field, with each sound trademark following the need to possess certain criteria, such as being “…so inherently different or distinctive that it latches onto the listener’s subliminal mind.” , to be aroused when heard, and to be associated with the source or event…” In re General Electric Broadcasting Co., 199 USPQ 560, 563 (TTAB 1978). There are approximately 203 live sound trademarks registered with the United States Patent and Trademark Office (USPTO), compared to the thousands of visual trademarks in existence today.

The benefits of registering a sound mark include exclusive rights to use it in television commercials, advertisements, and other media. Others who wish to use a registered trademark must request permission and pay any fees associated with the use of the trademark sound. However, the process of registering a sound is not for everyone. The process is often long, difficult and expensive. More often than not, you need to have a strong and enduring presence in your specific market to make the case that the sound you intend to make distinguishes your brand and is easily recognizable by the typical consumer. Some examples of famous sound marks are MGM’s roaring lion https://www.youtube.com/watch?v=ZmW7_7tq4CM, the catchphrase of the Twentieth Century Fox cartoon character “D’OH” (Homer Simpson) https ://www.youtube. com/watch?t=10&v=dO37Ql91qqM, and the ticking of the 60-minute timer. In the field of sound trademarks, the case of Harley-Davidson, a very famous company, to register the unique sound of its engines is a perfect example of how difficult it is to prove the distinctiveness of a trademark. After six years of litigation and millions of dollars, Harley-Davidson gave up and withdrew its application.

Despite the difficulty, it is worth it for larger, more established companies with a widely recognized brand that will reap financial benefits if the sound is trademarked.