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

1

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.

2

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.

3

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.

4

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 included

Frequently asked questions

Can a sound be registered as a trade mark?
Yes. A sound can be registered if it is capable of distinguishing your goods or services from those of other traders.
What do I need to file a sound trade mark?
You need the audio file, a clear description of the sound, and a graphical representation such as musical notation or a verbal description. We can help prepare the filing material.
How much does it cost to register a sound trade mark?
Through our online filing service, filing a sound trade mark starts from $799 for one class, including government fees and GST. Each additional class is $689. For complex applications, our lawyer-led trade mark application service provides a fixed-fee quote before work starts.
Can I trade mark a jingle?
Yes, if the jingle functions as a brand identifier. If the jingle contains words, it may also be worth considering whether the words should be protected as a word mark or slogan.
Are sound marks common?
No. They are much less common than word and logo marks. They are best suited to brands that have a distinctive and consistently used audio identity.

Ready to protect your sound mark?

Register your trade mark online in minutes with fixed-fee pricing, or speak to one of our specialists.