Simply put, a sound mark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services. Classic examples include the thunderous sound of a Harley Davidson (though it appears that that this registration failed in the US after severe opposition), MGM’s roar of a lion etc.
SpicyIP just spoke with Pravin Anand, Managing Partner, Anand and Anand, who represented Yahoo in this matter, who offered to do a guest post on this pathbreaking development. So watch this space for more.
We expect that Mr Anand’s post will highlight aspects such as “procedural requirements” i.e how does one represent a sound mark–will musical notations do? Sonograms? Can “sound” files be submitted? In the meantime, for those who wish to delve deeper into some of these aspects, take a look at this EU case involving the famous ululating Tarzan yell, succinctly analysed by the famous IPkat.