Since our earlier post last year (Sound Marks in Canada), the road has been open for non-traditional "sound mark" applications in Canada. These are trade-marks that are perceived as sound rather than visually as a word or design. So far, about 20 applications have been filed in Canada, from the 1 second "YUMMM" mark, applied for by Red Robin restaurants, all the way to the Harlem Globetrotters' SWEET GEORGIA BROWN MELODY, which tips the scales at 2 minutes 49 seconds.
If you want to seek protection for a sound mark, the application should:
- state that the application is for the registration of a sound mark;
- contain a drawing that graphically represents the sound;
- contain a description of the sound; and
- contain an electronic recording of the sound.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
