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Why is it nearly impossible to make a sound trademark work?

Sound is one element that is added into the systems of trademarks recently. The number of country that allows such registration is still very limited. When it works, it works wonderfully. But to really make sound trademark work is easier to be said than done.

Sound trademarks

Traditionally, sound was not consider an eligible element to be registered as a trademarks. In recent times, as addressed by the WTO agreement on Trade-Related aspects of Intellectual Property Rights, sound is now included in the trademark registration systems. As in the above mentioned agreement: “any sign…capable of distinguishing the goods or services of one undertaking from those of other undertaking” (article 15(1)). However, the sound mark registration allowance only occurs in several regions, namely Australia, EU and the US (though these regions have already possessed most major markets, to be honest).

Sound mark (or sound logos, sound brandings, etc.) works wonderfully when it just works. It can be one of the most useful tools when the company wants to imply a certain of impression into the consumers’ mind. This audio mnemonic method uses a sequence of sound. This sequence of sound can be memorized should it is played to the consumers enough times. When memorized, the consumers’ brain automatically expects the ending sequence even with the very beginning note.

And even better is that, being memorable does not equal with catchiness, or good sounding. Of course, catchiness or good sound arrangement does indeed help a sound mark stand out, the most important thing to be played enough to make the customers remember. This is the reason why sound mark is relatively easy to make, and is profitable should it is used correctly.

But….

Theoretically, designing a sound mark does not seems that hard, but in reality, a sound mark rarely works alone. Some examples for a good sound mark can be as follow:

Consumers can easily recognize the marks just by listening to the sound, but what they really imagine in their brain is not the sound mark, but the graphical mark that is associated with it. For example, the lion’s roar of the Metro-Goldwyn-Mayer, we can easily imagine the lion inf the Metro-Goldwyn logo. That is to say, sound marks will not work alone, they has to be associated with trademarks that are established already….

In fact, many big company has already adopt the sound branding strategy. Take Coca-Cola, this company has already cooperated with many famous music producer to make their own promo sounds, music, song, etc. However, the sound promo only aims at strengthening the established trademarks.

Furthermore…

Creating a good, memorable sound mark is not easy. This is especially hard as human’s perception of sound is different to each other. While some can find a certain track amusing, some may find it annoying.

Of course people will memorize something if it is played repetitively in a short period of time, but it does not contribute to a good sound mark design. People can accept the repetitiveness of a sound mark that is invested, catchy, and good arranged, but not the random sound that associated with fixed information of the mark. If that annoying sound keeps on playing repetitively, it may face the negative attitude from the customers. Well, no one wants to be annoyed all the time.

Last but not least, sound mark may take a long period in order to show its true potential. We all remember the lion’s roar of the Metro-Goldwyn is because we watch Tom & Jerry too many times (or any other of their productions). We all easier to remember what interest us in the eye than that in the ear. So sound marks should not be a standalone registration, but to compliment an existed trademarks.

When sound mark works, it is incredibly effective. However, this element still remains a lots of unsolved problem. Take registration for example, the examiners shall meet a difficult time to tell if a sound mark is similar to another, cause their opinion varies, just like people’s perception of sound.

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