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Harley-Davidson Signs
A sound trademark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services. more...
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In recent times sounds have been increasingly used as trademarks in the marketplace. However, it has traditionally been difficult to protect sounds as trademarks through registration, as a sound was not considered to be a 'trademark'. This issue was addressed by the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, which broadened the legal definition of trademark to encompass "any sign...capable of distinguishing the goods or services of one undertaking from those of other undertakings" (article 15(1)).
Despite the recognition which must be accorded to sound trademarks in most countries, the graphical representation of such marks sometimes constitutes a problem for trademark owners seeking to protect their marks, and different countries have different methods for dealing with this issue.
Registration of sound marks in different jurisdictions
Australia
Graphic representation
In Australia, sound trademarks are generally acceptable if they can be represented by musical notation. According to the Australian trademarks Office, an application for a sound trademark which cannot be graphically represented with musical notation must include the following requirements.
a graphic representation of the mark (eg. "CLIP CLOP MOO");;
a clear and concise description of the trademark (examples are given below);
The trademark is a sound mark. It comprises the sound of dogs barking to the traditional tune "Greensleeves" as rendered in the audio tape accompanying the application.;
The trademark consists of the sound of two steps taken by a cow on pavement, followed by the sound of a cow mooing (clip, clop, MOO) as rendered in the recording accompanying the application.;
The trademark consists of the sound of a soprano voice singing wordlessly to the tune represented in the musical score attached to the application. The trademark is demonstrated in the recording accompanying the application form.;
The trademark consists of a repeated rapid tapping sound made by a wooden stick tapping on a metal garbage can lid which gradually becomes louder over approximately 10 seconds duration. The sound is demonstrated in the recordings accompanying the application.;
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a recording of the trademark which can be played back on media which is easily and commonly accessible.;
Other requirements are set out in the trademarks Office Manual of Practice and Procedure issued by IP Australia .
Read more at Wikipedia.org
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