Bitlaw

T.M.E.P. § 1202.15
Sound Marks

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

For more information on trademark law, please see the Trademark Section of BitLaw.

Previous Section (§1202.14) | Next Section (§1203)

1202.15 Sound Marks

A sound mark identifies and distinguishes a product or service through audio rather than visual means. Examples of sound marks include: (1) a series of tones or musical notes, with or without words, and (2) wording accompanied by music. For a discussion of the criteria for registration of sound marks, see In re General Electric Broadcasting Co., Inc., 199 USPQ 560 (TTAB 1978).

The requirement for a drawing does not apply to sound marks. 37 C.F.R. 2.52(e). See TMEP §807.09.

Audio cassettes and compact disks may be accepted as specimens for sound marks. 37 C.F.R. 2.56(d)(3). To show that the sound mark actually identifies and distinguishes the services and indicates their source, the specimen should contain a sufficient portion of the audio content to indicate the nature of the services. If the mark comprises music or words set to music, the applicant may also submit the musical score as a specimen.

When filing through TEAS, a musical score must be submitted in .wav format. However, a .wav file cannot be sent as an attachment to a TEAS filing, because all TEAS attachments must be in .jpg format. Therefore, the Office has developed a special procedure for handling .wav files. The .wav file must be sent after the application is filed, as an attachment to an e-mail message directed to TEAS@uspto.gov, with clear instructions that the .wav file should be associated with "the application filed under Serial No. ."