The Hidden Persuader: Sound Marks as Sonic Indicators of Source

• Author: Anna L. King - Luke S. Curran
• Position: Anna L. King is a shareholder at Banner & Witcoff, Ltd. in Chicago, Illinois. She specializes in trademark, copyright, and cyber law. She can be reached at aking@bannerwitcoff.com. Luke S. Curran is an associate at Banner & Witcoff in Chicago, Illinois. He advises on many aspects of intellectual property law, with particular emphasis on...
• Pages: 42-45

Our living environment is controlled by electronic

devices. Historically, we interacted with these

devices visually, via computer, smartphone, and

even smartwatch screens.1 However, it appears that

our capacity for such screens peaked as new tech-

nologies are being developed (and quickly adopted)

for voice-activated controls and systems.2 With

the rising demand for hands-free (e.g., Apple’s

“Siri” and Microsoft’s “Cortana”) and screen-free electronics

and personal assistants (e.g., Amazon Echo’s “Alexa,” Google

Home powered by Google Assistant, Xnity’s voice-activated

remote control, and home automation systems), the ability to

effectively distinguish these products through the use of sound

as an indicator of source will undoubtedly grow in importance.

Do you recognize the sound of Netix’s timpani strikes when

its streaming services are initiated,3 Apple’s rapid two-tone rep-

etition sound when Siri is engaged,4 or maybe Intel’s ve-note

chime?5 These are prime examples of sound marks that are the

result of effective sonic branding campaigns.

Developments in sound designations are also becom-

ing more apparent as we create technologies that eliminate

the familiar sounds of functioning machines—for example,

electronic cars that start silently or even keyboards with-

out a familiar clicking sound. While these technologies are

celebrated, some consumers are still reassured by the famil-

iar sounds, and companies are left with a blank canvas for

creating new memorable nonfunctional sounds. As a result,

companies have new opportunities for brand interaction with

consumers. However, are major brands missing the mark?

Thinking Strategically about Sound Marks

Goodwill is the commercial value that companies derive from

consumer perceptions of a brand representing a specic prod-

uct or service, rather than from the actual product or service

itself.6 Leading brands understand this concept and meticu-

lously build and constantly reshape their own unique visual

identities in connection with the provision of their respective

goods or services. However, with the advent of voice-acti-

vated devices and silent technologies, are they failing to

bolster their brand by not also crafting an audio identity?

Hearing is a very powerful human sense. On the most basic

level, sound engenders the inherent ability to transcend lan-

guages. Further, listeners commonly associate a sound with a

specic memory. With our increasingly audio-enabled envi-

ronment, “congruent sound cues can increase the speed of a

visual search for products (a key for success in both online and

retail settings).”7 However, sonic branding is generally over-

looked despite the fact that the “strategic use of sound can play

an important role in positively differentiating a product or ser-

vice, enhancing recall, creating preference, building trust, and

even increasing sales.”8 With this in mind, nontraditional trade-

marks afford brand owners the ability to engage consumers in a

meaningful manner across multiple media platforms.

As arguably one of the most amorphous forms of intel-

lectual property, trademarks may be “almost anything at

all that is capable of carrying meaning.”9 Sound marks, in

The Hidden

Persuader

Sound Marks as Sonic Indicators of Source

By Anna L. King and Luke S. Curran

Anna L. King is a shareholder at Banner & Witcoff, Ltd. in Chicago, Illinois. She specializes in trademark, copyright, and cyber law. She can

be reached at aking@bannerwitcoff.com. Luke S. Curran is an associate at Banner & Witcoff in Chicago, Illinois. He advises on many

aspects of intellectual property law, with particular emphasis on trademark clearance, prosecution, and enforcement. He can be reached at

lcurran@bannerwitcoff.com.

Illustration: iStockPhoto

Published in Landslide® magazine, Volume 10, Number 1 , a publication of the ABA Section of Intellectual Property Law (ABA-IPL), ©2017 by the American Bar Association. Reproduced with permission. All rights reserved.

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar

Association.