In intellectual property law, a sound trademark is a distinctive sign consisting of sounds or combinations of sounds used to identify a company’s products or services and distinguish them from those of its competitors. Unlike a word or figurative trademark, a sound trademark is based solely on the auditory aspect. It may consist of music, jingles, sound effects, specific sounds, or other distinctive sound elements.
To be protected, a sound trademark must meet criteria similar to those for other types of trademarks: it must be distinctive and must not be generic or descriptive. It must also be audible, i.e., it must be clearly and identifiably perceived in commerce.
The registration of a sound trademark requires its graphic representation in a form that can be reproduced and registered with the intellectual property office, such as the INPI in France or the EUIPO for European Union trademarks. This may include musical notation, a transcription of the sounds, or a detailed description of the sound.
Sound trademarks are often used in advertising, marketing, and corporate communications. A famous example of a sound trademark is the Intel jingle, frequently heard at the end of commercials with the phrase “Intel Inside.” Another example is the distinctive Windows startup sound, developed by Microsoft.
Like any trademark, a sound trademark gives its owner exclusive rights to use the sound in connection with covered products or services, and can be used to take action against unauthorised counterfeits and imitations.