As we celebrate World IP Day 2025, with its theme of “Celebrating the beat of IP in music”, we take the opportunity to reflect on the sound mark, the non-traditional trade mark. Indeed, this was the subject of a most interesting discussion at the FICPI Open Forum held in Madrid in 2024.

The reason for our discussion in Madrid was because of the interesting outcomes of different decisions taken around registration of sound marks in various countries. As well as IP practitioners, an expert in designing sound trade marks was invited, to inform us from a different perspective.

Sometimes described as an audible logo, when used well, a sound mark can create a powerful emotional bond for brands. Think of the Netflix ‘du-dum’, the MGM lion’s roar, the very distinctive sound of a Harley Davidson twin engine, and the sound of various App notifications, for example.

There are several factors behind this rise in the number of sound marks:

  • Marketing and advertising is becoming increasingly sophisticated
  • Digital creation is making musical compositions much more accessible than previously
  • The rise in the volume of online creation, from video to podcast and website content, is another driver.

Factors such as our use of social and digital media, streaming devices and the rise of the ‘portable telephone’ from a simple device to now acting as a powerful small computer, have also reduced our attention spans. Where once we might have focused on one TV programme or film, now many of us are also Googling, reading emails or surfing social media on our phones, again increasing the importance of distinctive sound marks.

A significant investment

It is clear that for sound trade marks to be worthwhile in terms of the cost associated with creation and registration, the marketing and advertising strategy need to be aligned with company strategy and poised to fully capitalise on the sound mark.

In an additional impetus for their use, if a sound trade mark is not used for five years, it can be cancelled under the non-use clause, so from the very start the investment in intellectual property and musical creation must be carefully considered and planned through to use and conception.

Whilst many online-only brands are seeing the advantages of sound trade marks, the traditional bricks and mortar organisations (with their roots established many decades ago) are also seeing the benefits, from McDonald’s to Warner Brothers.

During the 2024 FICPI Open Forum, speaker Ramon Vives (of The Sonic You in Spain) gave us an overview of the relevance of music as a distinctive character. He provided evidence on how relevant music is for: grabbing attention, creating engagement, triggering recall… and sound marks can also be used to convey meaning, assure consistency, and flexibility.

Whilst their essential use as part of an integrated marketing, advertising and communications campaign is recognised, properly registered sound trade marks can also ensure income generation should a brand or company be sold. Registered sound trade marks have a monetary value, some of which could be quite substantial.

Despite this increasing importance, there is currently no library of sound marks.

In Madrid, Eleni Kokkini of PPT Legal in Greece expertly moderated the session whilst speakers Ramon Vives along with Anna King (Banner & Witcoff, USA) and Andy King (Mewburn Ellis, UK) presented information on how these special trade marks can be protected, how they can be registered, and later enforced in the UK, Europe and the USA.

The panel shared that the EUIPO is more accommodating than the UK for sound marks currently. In the EU system there is the perception that sound trade marks can be made clear to users and easily accepted, however in the UK there are more restrictions, and the US has fairly consistently acknowledged sound marks.

One conclusion was around uncertainty and practice. Acquired distinctiveness is a challenge and the applicant needs to create the best strategy to get this right, in view of the universality concept of music that spreads quickly thanks to online platforms. The final conclusion was that whilst guidelines issued by the trade mark offices are important, case by case practice is crucial.

Next steps

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