Will the United States Patent and Trademark Office (USPTO) register Sound Trademarks or Service Marks? Yes.
“Sensory” Trademarks or Service Marks including sounds, odors, and colors can be the subject matter for US Applications for Registration in the United States Patent and Trademark Office. In other words, sensory Marks can serve as an indicator of the source of the goods or services.
Examples of Sound Trademarks and Service Mark Registrations
Click to hear the Sound Trademark or Service Mark.
The Criterion for registration of Sensory Marks
The Criterion for registration of Sensory Marks is identical to Non-Sensory Trademarks. Title 15 of the United States Code, in part, reads:
- 1052 – Trademarks registrable on principal register; concurrent registration
No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless —
Examples of situations that prevent registration are:
- Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof
- Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow
- Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive
- Consists of a mark which (1) when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them, (2) when used on or in connection with the goods of the applicant is primarily geographically descriptive of them, except as indications of regional origin may be registrable under section 1054 of this title, (3) when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them, (4) is primarily merely a surname, or (5) comprises any matter that, as a whole, is functional
- 1053. Service marks registrable
Subject to the provisions relating to the registration of trademarks, so far as they are applicable, service marks shall be registrable, in the same manner and with the same effect as are trademarks, and when registered they shall be entitled to the protection provided in this chapter in the case of trademarks. Applications and procedures under this section shall conform as nearly as practicable to those prescribed for the registration of trademarks.
Do You Need a Sound Trademark?
Trademark/Service Mark Applications can become complicated. If your company needs cost-efficient assistance with the filing of a sound Trademark/Service Mark, please contact us.
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