A catchy jingle, a sequence of notes, or even a distinctive noise can be legal assets as powerful as a brand logo.
We are talking about sound marks, an atypical category like scent marks.
The secret behind Netflix's “Ta-dum” and the Harley-Davidson engine
A sound, on its own, is not a trademark. To be one, it must have acquired a secondary meaning that connects it directly to the origin of a product or service. The famous sequence of notes in Netflix’s “ta-dum” is not just a sound you hear when you start a series; it is the registered sound trademark that tells your brain, in a matter of seconds, that the content you are about to watch belongs to that platform.
The same is true of the Harley-Davidson engine. Although it is the sound of a machine, its unmistakable “roar” is such a valuable asset to the brand that they have fought to protect it legally. The goal is not to monopolize the sound of an engine, but to prevent other motorcycle manufacturers from using a similar sound to confuse consumers and take advantage of the reputation Harley-Davidson has built over decades.
What can make a sound a protectable trademark?
The main difference between the copyright of a song and the registration of a sound trademark lies in their purpose:
Copyright protects the artistic creation of a musical work.
A sound trademark protects a sound or sequence of notes that serves to identify a business origin.
To be a registered trademark, a sound must be intrinsically distinctive, meaning it must not be a generic or functional sound. For example, the sound of an alarm clock cannot be a sound trademark because it serves a practical function. However, a brand jingle or the sound of a product that is unique and recognizable, can be.
A Brilliant Strategic Move
Protecting a sound as a trademark is a strategic decision that goes beyond marketing. In a world saturated with images, audio has become an effective way to capture attention. By registering a sound, a company ensures that its auditory recognition cannot be imitated.
It is a reminder for today’s businesses: don’t just focus on what you see, but also on what you hear. An intangible asset such as a sound or jingle, once registered, can become a valuable tool for strengthening your brand identity and protecting it from imitators.
Can you think of any other sounds that, for you, are already brands in their own right?
Who doesn’t associate the lion’s roar with the legendary Metro Goldwyn Mayer films?
