Thursday, February 10 2022   \  Published by ZeusIP Advocates LLP.

Sound Marks: a domestic and international perspective

Over time there has been a considerable amount of shift from the traditional marks such as word mark or a logo mark towards non-traditional marks such as sound marks, position marks, smell marks amongst others. 

In this article, we are focusing on sound marks; however, before we discuss various aspects, we are defining what a sound mark actually. Typically, a mark which is audible (which may amount to a melody) and is distinctive enough to act as a source identifier of one's goods or services qualifies as a sound mark. 

Just like the nature of a sound mark which is unconventional, the prosecution of an application of a sound mark is equally unconventional and quite challenging. Therefore, it becomes imperative to take a brief look at the international stand on granting registrations to sound marks.

Sound Marks in the United States of America

Having the first sound mark registered nearly 70 years ago, the material information and guidelines for obtaining registration of a sound mark in the United States of America, include but are not limited to- a description of the sound mark along with an audio reproduction of the sound (as an electronic file) must be provided, a musical score sheet submitted as a .jpg or .pdf file. Read more

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