Legal Aspects of Sound Trademarks

Abstract

The Sound Trademarks are considered as symbols or audible invisible signals that are used to distinguish products, commodities and services, although they are contradicting the traditional rule that requires the necessity of visual recognition of the signals or symbols. The registration process of these sound trademarks forms one of the challenges under the legislative differences in that regard; Althoug TRIPs allows registration of sound trademarks, yet some legistators prevent such registration, where as others adopt a more moderate position. This study reached an important conclusion by confirming the capability of these trademarks to distinguish products, services and goods in spite of the difficulties associated with the registration process and in-coming usage by consumers. In addition, the legislation that do not take these trademarks into consideration recommend allowing registration thereof in line with modern legislation and technological development reflected in various products, goods and services that are compatible with the nature of the respective trademarks.