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 of 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 the records of the Trademark Office, 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 trademark sounding after the need to possess certain criteria, such as being “… so inherently different or distinctive that it adheres to the subliminal mind of the listener.” , 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 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 apply for permission and pay the fees associated with the use of the trademark sound. However, the process of recording a sound is not for everyone. The process is usually 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 trademark 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, Twentieth Century Fox cartoon character’s catchphrase “D’OH” (Homer Simpson) https ://www.youtube. com/watch?t=10&v=dO37Ql91qqM, and the 60-minute stopwatch ticking. In the field of sound marks, 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 mark. After six years of litigation and millions of dollars, Harley-Davidson gave up and withdrew its application.
Despite the difficulty, it is worthwhile for larger, established companies with a widely recognized brand name that will reap financial benefits if the sound is trademarked.