Why Sound Marks and Color Marks Matter: The Nontraditional Trademarks That Stand Out
When people think about trademarks, they often picture a company’s name or logo. But trademarks go beyond words and images. Some of the most memorable brands in the world use sound marks and color marks to set themselves apart. These nontraditional trademarks can be powerful tools for brand recognition—and they deserve just as much protection as traditional marks.
In this post, we’ll explain what sound and color marks are, why they matter, and how businesses can protect them.
What Are Sound Marks?
A sound mark is a trademark made up of a specific sound or combination of sounds that instantly reminds consumers of a brand. Think about the three-note chime you hear when you turn on a computer from a certain tech company, or the short jingle from a fast-food chain. These sounds are just as distinctive as a company logo.
Sound marks work because they engage people in a different way. While a logo appeals to our sense of sight, a sound connects with our sense of hearing—often triggering an emotional response. This makes sound marks particularly memorable.
What Are Color Marks?
A color mark is when a specific color—or a combination of colors—is so closely linked to a brand that consumers immediately recognize it. For example, a particular shade of brown is tied to a well-known delivery service, and a bright robin’s egg blue is associated with a famous jewelry store.
To qualify for trademark protection, a color must do more than look nice. It has to identify the source of the goods or services, and it can’t be functional (meaning it doesn’t serve a practical purpose like safety or visibility).
Why Nontraditional Trademarks Matter
Sound and color marks matter because they:
Increase Brand Recognition – Unique sounds or colors make it easier for customers to remember and identify your brand.
Stand Out from Competitors – In crowded markets, nontraditional marks help businesses be memorable.
Strengthen Emotional Connections – Sounds and colors can evoke feelings, creating stronger customer loyalty.
Work Across Language Barriers – A sound or a color can communicate instantly to people around the world, regardless of language.
How to Protect a Sound or Color Mark
Registering a sound or color mark can be more challenging than registering a word or logo. Here’s how the process generally works:
1. Prove Distinctiveness
For both sound and color marks, you need to show that consumers already connect the sound or color with your brand. This is called “secondary meaning.” You can prove it through advertising, sales data, and surveys.
2. Prepare a Precise Description
For sound marks, you must submit a high-quality audio file and a detailed description of the sound.
For color marks, you need to specify the exact shade (often using a standardized color code like Pantone) and describe how it’s used.
3. File for Trademark Protection
Submit your application to the United States Patent and Trademark Office (USPTO). This process can be more complex for nontraditional marks, which is why many businesses work with a trademark attorney Orlando to make sure everything is done correctly.
4. Enforce Your Rights
Once your mark is registered, you’ll need to monitor the marketplace for unauthorized use. If someone uses a sound or color that’s confusingly similar to yours, you may need to send a cease-and-desist letter or take other legal action.
Real-World Examples
Here are a few well-known nontraditional trademarks:
Sound Marks:
The roaring lion heard before certain films.
The short, four-note chime used in commercials by a major tech company.
Color Marks:
A specific shade of pink for insulation products.
A deep red on the soles of high-end shoes.
These brands have invested time and money into making these marks recognizable—and protecting them legally.
Common Challenges with Nontraditional Trademarks
While powerful, sound and color marks come with challenges:
Harder to Prove – You must show that your mark isn’t just decorative or functional—it identifies your brand.
Risk of Generic Use – If others start using a similar sound or color, it can weaken your mark’s distinctiveness.
Ongoing Enforcement Needed – You can’t “set it and forget it.” Constant monitoring is essential.
This is where legal guidance becomes crucial. An experienced attorney can help you collect the right evidence, navigate the USPTO process, and take action when someone infringes on your rights.
Final Thoughts
Nontraditional trademarks like sound and color marks are more than creative branding choices—they’re valuable business assets. They can boost recognition, create emotional connections, and help your brand stand out in a competitive market.
However, they also require careful legal handling to protect. If you’re considering registering a sound or color mark, or if you believe someone is infringing on yours, working with an experienced trademark attorney Orlando can help you secure and defend your brand identity for years to come.