Trade-mark consisting of a sound

Publication Date: 2012-03-28

On March 28, 2012, the Canadian Trade-marks Office published a Practice Notice indicating that, effective immediately, the Office will accept applications for sound marks.  Applications for the registration of sound marks must include the following:

  1. an indication that the application is for the registration of a sound mark;
  2. a drawing that graphically represents the sound;
  3. a description of the sound; and
  4. an electronic recording of the sound, on CD or DVD.

Sound mark applications may not be submitted electronically. In other words, only a paper application will be accepted.  Moreover, the electronic recording of the sound must be in MP3 pr WAVE format, and must be no greater than 5 megabytes in size.   The Office will not accept a hyperlink, a streaming location or any other type of media recording, and the recording must not contain repetition (or looping) of the sound mark.

This recent change in practice represents an important step in recognizing the registrability of  non-traditional marks in Canada.  Please contact Paula Clancy for further information on registering non-traditional marks.

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