Sound trade marks in Australia
A sound trade mark protects a sound that identifies your brand, such as a jingle, spoken phrase, or distinctive audio cue.
What is a sound trade mark?
A sound trade mark protects a sound or combination of sounds used to distinguish your goods or services. It can include a jingle, sung or spoken words, a short audio sting, or another distinctive sound.
The sound must function as a trade mark. A sound that is ordinary for the product, purely functional, or commonly used in the industry will be difficult to register.
Examples
- A short jingle used consistently in advertising
- A spoken brand phrase with a distinctive delivery
- A product or app sound that customers recognise as coming from one business
When to use a sound trade mark
Audio is central to the brand
Sound marks make sense for brands that consistently use audio in advertising, apps, entertainment, radio, podcasts, retail environments, or product experiences.
The sound is distinctive
A short, memorable, unusual sound cue is more likely to function as a trade mark than a generic chime, beep, or product noise.
You use it consistently
Consistency matters. If the sound changes across campaigns or is only used once, it is less likely to justify a trade mark filing.
How to register a sound trade mark
Prepare the audio file
A sound application needs a file of the sound you want to protect. The filing should match the version you actually use.
Describe the sound clearly
IP Australia requires a clear description and a graphical representation, such as musical notation or a verbal description, depending on the sound.
Choose the classes
The application must cover the goods or services where the sound identifies your brand, such as software, entertainment, retail, or advertising services.
File and manage examination
We handle the application and respond if IP Australia raises distinctiveness or representation issues.
Common pitfalls
Filing a generic sound
Ordinary notification tones, beeps, mechanical sounds, or sounds commonly associated with the goods are difficult to register.
No clear representation
A sound mark needs more than an audio file. The application also needs a clear description and graphical representation of the sound.
Inconsistent audio branding
If the sound varies materially across uses, it becomes harder to show what mark you are claiming and how customers recognise it.
Ignoring copyright ownership
If a composer, agency, or contractor created the sound, you should confirm ownership and licence rights before filing a trade mark application.
Cost and timeline
Filing a sound trade mark costs the same as any standard trade mark application. Our online filing tool starts from $799 for one class, including government fees and GST, with additional classes at $689 each. For complex situations, our lawyer-led service provides a fixed-fee quote. The process typically takes 7 to 8 months from filing to registration if no objections or oppositions arise.
See pricing and what's includedFrequently asked questions
Can a sound be registered as a trade mark?
What do I need to file a sound trade mark?
How much does it cost to register a sound trade mark?
Can I trade mark a jingle?
Are sound marks common?
Ready to protect your sound mark?
Register your trade mark online in minutes with fixed-fee pricing, or speak to one of our specialists.