INTRODUCTION
The perception of sound marks as a brand differentiation tool is fast gaining momentum on a global scale. Discussions around sound marks have returned to the front burner, especially in view of the recent sound mark update to trademark law in UAE, which provides a valuable insight for brands and models for companies looking to enhance their brand protection.
In analyzing this topic, it is important to understand the nature of sound marks, their impacts on brands, the attendant benefits of adopting sound marks, the UAE’s experience and lessons for Nigeria brands. This article provides a wholistic approach in addressing the impact of sound marks on brand differentiation and the appropriate strategies that companies may adopt in boosting their brand identity.
WHAT ARE SOUND MARKS?
Sound marks are a species of trademark that protect a distinctive sound or a combination of sounds that identify the source of a product or service. They are a unique auditory signal that identifies and distinguishes a brand and easily recognizable by targeted audience or consumers. They are a subset of non-traditional trademarks that go beyond the conventional visual symbols (such as logos, words, or designs). Key features of sound marks include their distinctiveness, originality, and the ability to evoke a specific association with the brand. For a sound mark to be registered, it must demonstrate that it has become recognizable to consumers over time.
Examples of sound marks and their impact
Notable examples of sound marks include the sound for Twentieth Century Fox, the MGM lion roar, The looney tune’s theme by Time Warner Entertainment. Each of these sound marks has played a vital role in shaping their respective brands' identities.
- The Twentieth Century Fox sound mark: This features a blend of drums, trumpets, and strings. This iconic musical piece introduces the studio's films, creating excitement and anticipation by the audience, and is recognized as one of the most memorable sound marks in the film industry.
- MGM Lion Roar: The roar of the Lion serves as a powerful introduction to MGM films. This sound mark evokes excitement and anticipation, making it an integral part of the brand’s cinematic legacy.
- The Looney Tunes theme by Warner Entertainment: This is a lively orchestral piece that serves as the introduction to the animated series. Its playful melodies capture the fun and whimsical spirit of characters like Bugs Bunny and Daffy Duck, evoking instant connection with the audience.
IMPACT OF SOUND MARK ON BRANDING
In a highly competitive market, where brands are constantly striving to bolster their revenue and lead the market, sound marks serve as a powerful means to establish a memorable and impactful brand presence. It is widely acknowledged that sound is essential for memory recall, as auditory signals can evoke strong associations and emotions. Consequently, brands that prioritize unique audio branding are more likely to create a lasting identity. This approach fosters a connection with consumers that transcends visual identity, deepens emotional ties and enhances overall brand recognition. The impact of sound mark on branding boosts enhances brand identity and perception which may in turn boost the demand for the companies’ products or services as consumers become more emotionally attached to the brand.
As a type of non-traditional trademark, sound marks leverage the emotional impact of sounds to create lasting connections between brands and customers. These distinctive sounds can evoke feelings of enthusiasm, excitement, contentment or trust. This way, sound marks assist brands in achieving the following:
- Lasting recognition: Unlike conventional trademarks which are typically visual—such as logos, words, or symbols—sound mark enhances brand identity and recognition by establishing a memorable and distinctive auditory impression on customers. It can also trigger emotional responses in the listeners, such as happiness, excitement, nostalgia, or trust which puts it one step ahead of the visual trademarks. For example, the sound of a roaring lion at the beginning of MGM movies evokes a sense of prestige and quality that keeps viewers glued to their screens.
- Boost customers loyalty and retention: When customers remember a brand through its unique sound, it increases the likelihood of repetitive interactions and purchases. Using sound marks consistently across various platforms like advertisements, social media e.t.c helps to reinforce brand identity. This consistency helps customers recognize and remember the brand, making them more likely to return.
- Differentiation from Competitors: In a competitive market space, sound marks help a brand stand out from its competitors. A distinctive sound enhances memorability, encouraging customers to patronize it over others. One of the key advantages of a sound mark is its uniqueness; it is nearly impossible to replicate, making it difficult for others to create counterfeit sounds.
- Brand Advocacy: This involves customers who support and promote a brand they trust. Sound marks evoke emotions that strengthen the connection between consumers and the brand. This emotional impact encourages customers to share their experiences, fostering a genuine attachment to the brand’s identity. A typical example will be different media stations and their specific sounds when introducing their news programmes. As a child, I was always glued to NTA news (National TV in Nigeria) by 7pm daily. It did not matter what I was doing in that moment — once I heard the sound, I was eager to drop whatever I was doing to go listen to the news. This way, I become a lifetime fan and ambassador for their brand amongst my peers, as I randomly gisted about other shows on the TV. Sound mark holds the same promise for businesses as identifiable sound ads can help build loyal customers and audience.
UAE’S EXPERIENCE WITH SOUNDMARK
It is without doubt that UAE has emerged as a fast-growing economy, attracting investments all around the globe. The federal government of the United Arab Emirates has played an active role by adopting a forward-thinking approach to governance and law enforcement, leaning towards embracing international best law practices and tailoring them to meet their local requirements. Consequently, this has enhanced several local laws leading to the establishment of stronger legal frameworks.
The success of the registered sound mark in the UAE can largely be credited to the Federal Decree-Law (36) of 2021, which regulates the trademark system in the country, replacing the previous Federal Decree-Law (37) of 1992. The new Decree provides detailed provisions for the registration and protection of various non-traditional marks, such as sound marks and aligns more closely with international standards. A very recent case study where this was registered and enforced is CWB’s first sound mark registration in UAE.
Cedar White Bradley IP Law firm (CWB) has made history as the first company to file for a sound mark in the UAE. Recognizing the significant impact of sound as a branding tool, they decided to pursue legal protection for a distinctive audio signature. In January 2024, Cedar White Bradley (CWB) filed a sound mark for a large international hospitality company that consists of a distinctive jingle or melody associated with the brand. This sound mark is typically used in marketing materials, advertisements, and customer interactions to create a recognizable audio identity for the brand. The registration process was thorough and necessitated strict compliance with the requirements set forth in Federal Decree-Law No. 36 of 2021.
According to UAE law, any sound that, through continuous use, becomes distinctive of its source or origin may qualify as a sound mark. In other words, if a sound can be associated with a company's product or service, it can be registered just like the traditional marks, such as words, logos, brand names, and symbols.
However, the level of distinctiveness needed for the registration of sound marks is quite high.
By the provisions of Article 2 and subsequent sections of the Federal Decree-Law No. 36 of 2021, to seek registration of sound marks in the UAE, certain requirements must be met, such as: distinctiveness, continuity of use, non-descriptiveness and clear representation of the sound in an audio format.
Also, it would help for the applicant to show proof of registrations attained for such a sound mark in other jurisdictions as this is likely to support the argument in favor of registrability of the mark.
LESSONS FOR NIGERIA IP LANDSCAPE AND BRANDS
As Nigeria looks to strengthen its own branding landscape, there are unique opportunities to learn from the UAE's advancements in this area. By utilizing insights from the UAE’s advancements, Nigerian brands can establish distinctive auditory identities that resonate with consumers, foster brand loyalty, and enhance overall brand identity.
In examining how Nigeria can successfully adopt and integrate strategies from the UAE's advancements in sound marks, emphasis must be placed on establishing a legal framework that clearly provides for non-traditional trademarks, awareness and educational campaigns, structured registration process for non-traditional trademarks and specialized training for IP professionals on non-traditional trademark registration in Nigeria. Nigeria’s intellectual property laws could advance to identify and protect sound marks, which would provide local brands with the tools needed to safeguard their brand identities. Industry stakeholders could work with regulators to push for updates to the law, ensuring it supports modern branding techniques.
Nigerian brands on the other hand, need to take practical steps to ensure that they adopt other types of non-traditional trademarks like sound in boosting their brand identity. They need to explore sound marks and create unique sounds that represent their brands and enhance consumer recollection of their brand in a competitive market. When registering a sound mark, it's essential to create catchy melodies or jingles that are memorable, emphasizing simplicity and repetition to boost recognition. It’s also crucial to conduct thorough research to ensure the sound created is original even if it means collaborating with musicians and sound designers who can assist in creating pleasant sounds.
Is Sound mark registrable in Nigeria?
By the provision of Sec 9 (1) (a-e) of the Nigeria Trademark Act, which provides for what is registrable as a trademark, such as name of a company individual or firm, signature of the applicant, an invented word or words, a word having no direct reference to the character or quality of the goods, and it appears that, as regards registration of non-traditional trademarks in Nigeria, paragraph (e) that is “any other distinctive mark” provides an avenue for registration. Therefore, if an application is submitted to the Nigerian Trademarks Registry for a non-traditional trademark, it is likely to be registrable, as there are no specific prohibitions in Nigerian trademark law against such registrations. However, the success of the registration will largely depend on whether the sound mark meets the registration criteria, which includes element of distinctiveness, originality, alongside a clear representation of the sound mark sought to be registered.
Upon the successful registration of a sound mark in Nigeria, it is unlimited the number of benefits such brand is poised to enjoy. From the consistent use of such sound marks across various media platforms, including television, radio, social media, and podcasts to the instant recognition in the competitive marketplace, which eventually leads to reinforcement of brand identity, the impacts of sound marks on brand experience are far-reaching on a brand’s profit margin and market position.
CHALLENGES AND CONSIDERATIONS
It is undeniable that registering non-traditional trademarks such as sound marks typically involve more complexities than the traditional trademarks. However, successfully navigating the registration process and overcoming potential hurdles such as a lack of awareness, limited financial resources among small business owners, the intricacies of the registration process, and the legal requirements for non-traditional trademark registration is essential for achieving successful outcomes.
Key considerations to achieving this will include understanding the specific legal requirements for nontraditional trademark registration, working with experienced IP lawyers that can help navigate the registration procedure, developing a unique sound that resonates with the target audience, conducting a thorough market search to help differentiate the sound mark from competitors and testing for recognition with focus groups who can provide valuable feedback.
CONCLUSION
Sound marks can greatly improve brand identity and increase consumer recognition, and it is essential for progressive brands to bolster their IP portfolio by creating and utilizing sound marks in Nigeria. However, several obstacles must be overcome for these marks to be successfully registered, including demonstrating distinctiveness and abiding by regulatory requirements. Nigeria stands to gain significantly from the UAE's recent advancements in sound mark registration, which feature a robust legislative framework and streamlined administrative processes. By implementing similar structures, increasing awareness about sound marks, and offering targeted training for IP professionals, Nigerian brands can harness the potential of sound marks to strengthen their branding strategies and foster deeper connections with customers. In a competitive market, this strategy is poised to boost brand loyalty and market distinction.
