Can I Trademark A Sound?

Table of Contents

Share at:

Perhaps you wish to create an advertising campaign for your business with a catchy jingle. An extraordinary sound can help you distinguish your brand. Once you have developed a unique tune or sound, it is worthwhile to consider how you can protect it.

Trademarks protect the distinguishing features of your brand. Given the growth and power of digital marketing, upon developing a sound for your business, it is recommended that you examine whether you have trademark rights with a trademark attorney.

Can I Trademark A Sound?

Yes, yes you can (is the simplified answer). Some well-known companies who have trademarked sounds include Intel, Boost Juice and O’Brien with their O’, ‘O’, ‘O’, ‘O’BRIEN’ tune.

Importance of Trademarks

Trademark grants the owner(s) statutory protection over their brand. This protection allows you to distinguish your goods or services from competitors.

Through LawPath, you can apply online to register your trademark, and then have this application reviewed by a trademark attorney.

Applying For A Sound Mark

Generally, a sound will not be the first aspect of your brand that will require protection, as you will likely invest in developing and protecting your brand name, logo and even a phrase beforehand.

As part of the application process with IP Australia, you will need to submit a sound file when registering for a sound mark. A written description of the sound is also required.

For a small business owner, registering for a sound mark will be difficult as typically only distinctively recognisable and iconic sounds, from big companies or blockbuster movies are registered. However, if you create a sound that can be clearly and uniquely connected with your brand, your sound will be approved.

Life Of A Sound Mark

The duration of a standard trademark is 10 years, but this can be renewed before its end date.

Copyright

Copyright is an alternate form of IP protection for your sound.

Under the Copyright Act 1968 (Cth), copyright is automatically granted in Australia. For a sound, you may wish to attach electronic evidence, for example a recording, to prove ownership of your material.

Generally, the copyright protection on sound recordings lasts from when it was first published, for the life of the author plus 70 years.

However, using a trademark to protect your sound gives you the benefit of renewal, unlike copyright. Hence the lifetime of your sound is best protected with a trademark.

Want to learn more about trademarking a sound? Contact a LawPath consultant on 1800LAWPATH to learn more about how to protect your intellectual property, customising legal documents and obtaining a fixed-fee quote from our network of 600+ expert lawyers.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

How to Create a Privacy Policy (2026 Update)

A privacy policy informs website users how you will handle their information. Find out how to create a Privacy Policy here.

5 Tips for Protecting Your New Logo

Learn how to protect your business logo in Australia, including registering your business name and trade mark.

How to Resolve a Dispute Between 50/50 Shareholders

Shareholder deadlock can be extremely stressful. Prevent it with a strong shareholders’ agreement. Too late? Our guide outlines the steps you can take.

What is a Shadow Director?

Understand the difference between a shadow director, a de facto director, and an appointed director. Protect your company from governance risks with our detailed guide.

How to exit a Partnership Agreement

Learn how to exit a partnership agreement. Understand the essential steps for withdrawal, buy-outs, and business dissolution to ensure a smooth transition.

When Do You Need to Register for GST?

Learn when you need to register for GST in Australia, including turnover thresholds, rules for rideshare drivers, and voluntary registration benefits.