Trademarking a Sound and the Auditory Identity of Brands

In the world of intellectual property, trademarks traditionally encompass brand names, logos, and distinctive designs. However, as technology continues to reshape our lives, more companies are seeking to trademark unique sounds associated with their products or services. Both the United States and Europe are grappling with this evolving trademark landscape, each with its own set of challenges and considerations.

The U.S. Patent and Trademark Office (USPTO) has historically granted sound trademarks, provided they meet specific criteria.  Sounds must either possess inherent distinctiveness or have acquired secondary meaning, signifying a source identifier for consumers.  For instance, the iconic "NBC Chimes" are a registered sound trademark, denoting a specific television network. Similarly, Harley-Davidson's trademarked engine exhaust sound serves as a prime example of a sound inextricably linked with a brand.

Trademarking sounds in Europe presents a similar multifaceted challenge. The European Union Intellectual Property Office (EUIPO) rigorously evaluates applications, requiring that the sound be distinctive, non-generic, and capable of identifying the origin of the goods or services. One notable case involved Porsche's attempt to trademark the sound of its electric vehicles (EVs). While automakers are striving to create unique auditory identities for their EVs, Porsche's endeavor faced rejection by the EUIPO, as they stated that the sound applied for did not distinguish a Porsche vehicle from any other.

As both the United States and Europe grapple with the complexities of sound trademarks, it becomes evident that this evolving frontier in intellectual property law is far from settled. The pursuit of trademarking sounds represents not only a challenge but also an opportunity for brands to create unique and memorable identities in an increasingly noisy world. Whether it's the roar of a Porsche electric vehicle or the familiar jingle of a television network, the power of sound to evoke emotions and associations is undeniable. As technology continues to shape our interactions with products and services, sound trademarks are poised to remain a captivating and ever-evolving aspect of branding and intellectual property.