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

Choosing the Right Business Structure in Australia: Taxation Explained

Choosing the right business structure involves understanding their tax implications. Let us walk you through the process in our detailed guide.

Common Tax Deductions for Businesses in 2026: An Overview

This article will ensure you know the key tax deductions for your business in 2025 and ensure you know how to navigate them.

Do I Have to Pay Tax on Distributions From an Irrevocable Trust?

A trust is a relationship where a trustee holds property for the benefit of another. Find out how tax applies to an irrevocable trust here.

How to Apply for a Tax File Number (TFN) Online (2026 Update)

Your Tax File Number (TFN) is an allocated number which you will carry with you throughout your life. Read about how to apply for it online here.

How to Lodge Your Individual Tax Return (2026 Update)

Not sure how to get your taxes sorted? Read this article for everything you need to know about filing your individual tax return.

Inheritance and Estate Taxes in Australia: An Explainer

Taxes are a part of everyday life for people living in Australia. Read this article to find out how inheritance and estate taxes work.