Difference between Trademark and Sound Mark

While most of us understand what the TM symbol means, and the idea of a trademark, SM, which stands for Sound Mark, is not so widely known. In fact, both represent the registration of intellectual property, asserting the holder’s ownership of the subject of the mark. It is the nature of the subject that is most notably different.

As the name suggests, a Sound Mark protects a specific and recognizable sound. A good example of this would be the MGM lion roar, or the 5 chimes that Intel uses. In a world where video is increasingly important, having branded sounds has become a more common occurrence, but when registering a Sound Mark, there are differences from a normal Trademark.

To qualify, the sound has to be distinctive, arbitrary, and unique, that is, a sound like an alarm clock beep, that millions here every day, would be considered a commonplace sound and not eligible. Applying for a Sound Mark is mostly the same process as it would for a Trademark or Service Mark, however as the subject is a sound, it does means sending a digital sound file along with the application.

In addition, a written description of the sound is required, this can be a description of the sound and notes used, as with the sound mark registered by Edgar Rice Burroughs for the ‘Tarzan Yell’, or could be the musical score for the sound alongside a description.

With sounds being used for everything from the turning on and off of a TV to brand introductions, Sound Marks are here to stay.