Trademark Sounds, Colours and Phrases to Protect Your Brand Identity
Protecting your brand is absolutely essential and can involve not only logos and business names, but also sounds, colors, and phrases. As a business owner, protecting your brand in the early stages when creating a unique identity can determine your success. A strong brand identity sets you apart and plays a key role in your business’s growth.
Trademarking sounds, colours, phrases, and even jingles can give your brand a distinctive edge in competitive markets. This is particularly useful for industries where brand recognition is tied closely to sensory elements, such as entertainment, technology, automotive, and consumer goods.
Think of the iconic startup chimes of tech devices or the memorable jingles used by retailers—trademarking these can solidify your brand’s presence and help protect it from imitation.
In this blog, we’ll explore some famous examples of brands that have successfully trademarked sounds, colours and phrases and how doing so can provide lasting value to your business.
Trademarking Sounds
In the UK, sound marks are considered “non-traditional” trademarks, and registering them requires a clear representation of the sound, such as a musical notation or a sound file, submitted to the Intellectual Property Office (IPO). For a sound to qualify as a trademark, it must be distinctive and immediately linked to your brand in the consumer’s mind. For example, the startup sound of a gaming console or a distinctive jingle for a product could be trademarked if it’s original and recognisable.
Trademarking Colours
Trademarking a specific colour, like the red soles of Louboutin shoes, is also possible, but challenging. The colour must be a significant identifier for your brand and not merely functional. To register a colour trademark in the UK, you need to prove that the colour has acquired distinctiveness through long-term, consistent use associated with your products or services. The courts can be cautious with colour trademarks, as seen in cases like Red Bull’s unsuccessful attempt to protect its blue and silver colour combination
The Power of Colour in Branding
Cadbury’s signature purple, Pantone 2685C, is one of the most recognisable colours in the UK, especially when associated with chocolate. After years of legal battles, Cadbury secured the exclusive rights to this colour for its chocolate products in 2022. The case was particularly challenging due to a long-standing dispute with Nestlé. The ruling ensures that Cadbury’s purple can be used without restrictions tied to packaging—a huge win for the brand. But getting a trademark for a colour isn’t easy; it requires proof that consumers strongly associate the colour with your product.
Brands that Use Audio to Stand Out
One example of a brand using audio to stand out is the iconic MGM lion’s roar, a classic in the world of film, but memorable sounds aren’t limited to just movie studios.
Many brands across various industries have successfully trademarked memorable audio elements. For instance, McDonald’s famous five-note jingle, “I’m Lovin’ It,” is instantly recognisable and has become synonymous with the brand globally, demonstrating the power of sound in advertising. Similarly, when you power up a games console like PlayStation or Xbox, the unique startup chime is a key part of the brand’s identity.
Even BMW has ventured into sound branding. Collaborating with composer Hans Zimmer, they developed a distinctive startup sound called BMW Iconic Sounds Electric for their electric vehicles, which began appearing in cars from 2020. It’s a perfect example of how sound can communicate a brand’s innovation and identity, especially in a growing market like electric cars. Whether it’s a catchy jingle or a product sound, businesses across the spectrum—from fast food to automotive—can leverage sound trademarks to strengthen brand recognition and customer loyalty.
Famous Trademarked Phrases
Even phrases can be trademarked if they are linked closely enough to a brand. One of the most lucrative examples is boxing MC Michael Buffer’s catchphrase, “Let’s Get Ready to Rumble.” Buffer trademarked the phrase in 1992 after he noticed its growing popularity, and it has since become a central part of his business. Over the years, licensing the phrase for use in movies, commercials, and video games has reportedly earned him over $400 million!
How to secure a trademark
Securing a trademark for sounds, colours, or even phrases is a powerful way to safeguard your brand identity, but the process can be complex and challenging. Proving distinctiveness and navigating legal requirements takes time, expertise, and persistence. Whether you’re looking to protect a sound that sets your brand apart or a colour that’s become synonymous with your product, the journey can be daunting.
That’s where Robertson IP comes in. With our deep expertise in intellectual property law, we guide you through the intricate process of trademark registration. From conducting thorough checks on existing trademarks to preparing precise applications and defending your rights, we’re here to ensure your brand assets are fully protected. Our team helps remove the guesswork and complexity, increasing your chances of success.
Reach out to us today to secure your brand’s most valuable elements and safeguard your business’s future.
If you want to find out more about the trademark process you may want to read our blog:
Guide to Trademark Registration