General

According to Article 4 of Industrial Property Law No. 6769, a trademark may consist of any signs that can be represented in the register, including words (such as personal names), shapes, colors, letters, numbers, sounds, and the form of goods or their packaging.

This definition demonstrates that trademarks are not limited solely to traditional elements, but that brand identity may also be created through auditory, tactile, or other sensory elements. While traditional trademarks generally consist of words, figures, or combinations of words and figures, non-traditional trademarks go beyond the classical understanding of trademarks. Such marks may achieve branding through different sensory elements, such as colors, sounds, motion, or the three-dimensional appearance of products.

In this series of articles, non-traditional trademark types will be addressed, and for each type within this category, the fundamental concepts and key points to be considered in practice will be examined.

In the first article of the series, sound trademarks, which reveal a brand’s identity through auditory elements, will be analyzed.

Audible Identity: Sound Trademarks

In today’s highly competitive business world, it has become more critical than ever for brands to differentiate themselves. At this point, sound trademarks, through which a company expresses its identity solely via audible elements, come into play.

Sound trademarks, which may be defined as the branding of specific sounds or sound combinations, can easily take root in consumers’ minds. For example, a characteristic sound produced when a product’s packaging is opened, an advertising jingle, or short melodies used in a company’s promotional videos may be considered potential examples of sound trademarks. Regulation on the Implementation of Industrial Property Law sets out the mandatory formal requirements. Therefore, rather than the creation of the sound trademark itself, ensuring that it is properly protected is of key importance for the scope of protection.

Sound trademarks, which fall under the category of “non-traditional trademarks” are subject to the same validity requirements and distinctiveness criteria as other types of trademarks, apart from the specified formal elements. Accordingly, for a sound trademark to be registered, it must be distinctive in relation to the relevant goods or services and must not have a directly descriptive character.

Within this framework, simple melodies consisting of only one or two notes may not be considered sufficiently distinctive. On the other hand, sound pieces that become longer and turn into songs may lose their nature as advertising slogans or trademarks and may instead be regarded as works of art falling more within the scope of copyright protection. For this reason, sound trademarks eligible for registration should consist of distinctive and original sound elements that evoke the brand’s identity and quickly settle in the minds of consumers. It is therefore recommended to determine a strategy prior to the registration stage and to begin use accordingly.

Examples of sound trademarks include Intel’s jingle, Nokia’s iconic mobile phone ringtone, McDonald’s “I’m Lovin’ It” melody, the lion’s roar heard at the beginning of MGM films, NBC’s well-known “chimes,” Netflix’s “Tudum” sound effect, and Audi’s heartbeat sound. These examples demonstrate that sounds which are distinctive and create strong brand associations in consumers’ minds can gain trademark value. When we hear these sounds, images and emotions related to the brand involuntarily emerge in our minds; for instance, Netflix’s “Tudum” sound immediately signals the brand’s unique identity. In short, these sounds create a reflex in consumers, evoke the product or experience in their minds, and thereby reinforce the commercial value and distinctiveness of the sound.

In today’s world, where digitalization is at the forefront, sound trademarks are becoming increasingly important in branding strategies across advertising, social media, and digital platforms. However, it should not be overlooked that the registration of sound trademarks involves many technical, legal, and creative elements. The application process must therefore be conducted carefully, legal requirements must be fully met, and a meticulous approach must be adopted with respect to distinctiveness.

If the correct path is followed, the effective use of sound in the branding process, combined with a proper registration application, will become an indispensable component of non-traditional trademark strategies.