Yes, you can trademark a sound. The USPTO recognizes “sound marks” as a form of trademark, as long as the sound is distinctive enough to identify your brand to consumers — not just background noise or a common effect.
A sound mark has to function the same way a word or logo does: it must point to a single source in the mind of the consumer. A unique jingle, a distinctive audio logo, or a signature chime can qualify. A sound that’s purely functional, like the beep of a standard smoke detector, generally cannot, because it doesn’t distinguish your brand from anyone else’s.
Well-known examples include the NBC chimes and the THX “Deep Note.” These marks became registrable because consumers learned to associate that exact sound with one company, not because the sound was inherently unusual.
A sound mark application requires an audio file of the sound and a written description detailed enough that someone who can’t hear the file could still understand what the mark sounds like. You’ll also need to show the sound is actually used in commerce, typically at the start or end of a video, in an app, or in a broadcast.
Not all sound marks face the same road to registration. A sound mark that’s inherently unique or arbitrary — one with no obvious connection to the product and no prior everyday association — can be registered right away, without needing to prove years of market use.
Commonplace sounds are a different story. If a sound is one a product naturally makes during normal use (like a standard notification chime or appliance beep), the USPTO generally requires evidence that consumers already recognize it as coming from your brand specifically. That typically means showing consistent use in commerce over time, along with supporting details like sales figures or advertising spend.
Before filing, it helps to consider which category your sound likely falls into, since that affects both the strength of the application and what evidence to gather.
Does every jingle qualify for a trademark? No. A jingle only qualifies if it’s distinctive enough that consumers recognize it as coming from one specific brand, not just a catchy tune.
How long does a sound need to be used before I can trademark it? There’s no fixed timeline, but the USPTO usually wants to see consistent, repeated use in commerce as evidence that consumers associate the sound with your brand.
Can a sound effect be trademarked? Generally, no, if the sound is functional or common (like a standard notification chime). It needs to be distinctive and source-identifying, not just descriptive of the product itself.
Is a sound mark harder to register than a word mark? Yes, in most cases. Sound marks usually require stronger proof of distinctiveness and consumer recognition than a standard word or logo mark.
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