How to Trademark a Sound (Audio Mark)

What is a sound trademark?

A sound trademark, or audio mark, is a non-traditional trademark that protects a distinctive sound identifying the commercial source of a product or service. Instead of protecting words or a logo, it protects an audio signature — such as the NBC three-note chime, the MGM lion's roar, or a mobile app's startup tone. Under U.S. law, any sound that consumers come to recognize as pointing to a single source can function as a trademark. Because sound marks safeguard brand identity, they sit within the same trademark, intellectual property, and brand-protection framework the USPTO uses for word and design marks — connecting your Secure Mark USA filing to full federal trademark registration.

Which USPTO class do you file a sound mark in?

There is no dedicated USPTO class for sounds; you file a sound mark in the international class that covers your actual goods or services. For example, a jingle used for streaming entertainment is typically filed in Class 41 (entertainment services), a startup tone bundled with downloadable software in Class 9, and a chime tied to retail services in Class 35. Because the class follows your goods or services rather than the sound itself, you may file in more than one class when the sound identifies several offerings — and each additional class adds another $350 USPTO fee on top of the from-$99 filing.

How do you register a sound trademark step by step?

Registering a sound mark follows the standard USPTO trademark registration process, with two extra requirements: an audio specimen and a written description. Step by step: (1) Run a clearance search to confirm no confusingly similar sound or mark already exists. (2) Identify the correct class or classes for your goods or services. (3) Prepare an audio file in .wav, .mp3, or another accepted format containing only the sound. (4) Write a clear description of the mark, for example "the mark consists of a three-note sequence." (5) File the application with the USPTO on a use-in-commerce basis if the sound is already in use, or intent-to-use if you plan to launch it. (6) Respond to any Office Action from the examining attorney. Commonplace or purely functional sounds, like a ringing phone, generally require proof of acquired distinctiveness before they can register on the Principal Register.

Key takeaways

• A sound mark protects a distinctive audio signature that identifies your brand's source.
• There is no separate USPTO sound class — you file in the class of your goods or services.
• Every sound application needs an audio file plus a written description of the mark.
• Common or functional sounds must show acquired distinctiveness to register.
• USPTO filing through Secure Mark USA starts from $99 plus the $350-per-class government fee.

Frequently asked questions