A brand that sounds familiar. A few remarks on audio branding and trademark protection

More and more companies are reaching for tools beyond standard visual elements when building their identity. One of these tools gaining popularity is audio branding – distinctive sounds that help immediately recognize the brand and build an emotional connection with the public. However, in the context of intellectual property protection, the question arises: how can such innovative elements be protected, and why is it so crucial to do so? Let’s have a closer look at this issue, using the example of the recently introduced audio branding system by a Polish company InPost.

Trademark = foundation for the brand

From a legal perspective, a trademark is any sign that serves to distinguish the goods or services of one entrepreneur from another. Although many entrepreneurs associate a trademark mainly with a company name or logo, the range of possibilities is much broader – and includes, among others, sounds, three-dimensional shapes, colors, and even tactile signs.

A registered trademark gives its owner the exclusive right to use the sign in question in the course of business and – equally important – the right to prohibit others from using identical or confusingly similar signs.

When the brand „speaks” to the recipient – sound trademarks

Sound is becoming an increasingly important part of brand communications. A well-designed audio cue can evoke emotions, build instant recognition and make a brand distinctive in the world of busy communications. Examples? Here are a few:

– Netflix and its already iconic “ta-dum” sound,
– Intel with its characteristic „bong”,
– McDonald’s and its tune „I’m lovin’ it”.

As regards the concept of the company InPost, audio branding includes “brand music core” (a basic tune with the sounds produced by the parcel machine and its main components such as post boxes and cartons), an audio logo, and even functional sounds in the user app. They even created a percussion instrument from parcel boxes, which plays like drums and produces the characteristic sounds. This illustrates the powerful synergy between user experience and brand identity.

How to register a sound trademark? The procedure in Poland, the EU and WIPO

Registration of a sound trademark – like any other – requires the fulfillment of basic conditions: the sign must be distinctive, it has to be presented in an unambiguous and reproducible manner. In practice, the procedure looks as follows:

What else can be a trademark?

Contemporary law also provides protection for less obvious forms of identification, such as:

– Scent and taste trademarks (in practice, difficult to express, but not impossible),
– Motion trademarks (e.g., animations used in apps),
– A three-dimensional forms of packaging or products (e.g., distinctive bottle designs),
– A combination of colors, if distinctive.

For brand owners who build their identity around a consistent consumer experience, protecting these innovative forms of expression can be a key element to long-term strategy.

Does every brand need to have a corresponding protected trademark?

In most cases – absolutely yes. Regardless of industry, scale, or stage of development, trademark registration should not be postponed. Many companies treat it as a formality or unnecessary expense, but lack of protection can lead to loss of brand value and real financial consequences.

Why is it worth filing an application for registration of a trademark? It is not just protection against copying. Trademark registration offers several strategic advantages:

– Building brand value

A registered trademark is a formally protected asset – just like real estate or a share in a company. It can be traded (e.g., sold or contributed), burdened (e.g., by a pledge), and its value increases with brand recognition. For investors or potential business partners, it is a proof that the brand is consciously managed.

– Facilitating the scaling of operations

In the case of planned expansion – such as through franchising, licensing or selling products through partners – the trademark becomes a key tool. Only the owner of a registered mark can effectively license or control how others use the designation.

– Stronger position in disputes and negotiations

A registered trademark makes it easier and faster to prevent competitors from unfair activities, both offline (e.g., similar signs, products) and online (e.g., reclaiming a domain with someone else’s mark, removing an account impersonating the brand, reporting infringement to platforms like Meta, Google, Allegro, Amazon.

– Security of marketing investments

Every advertising campaign, new packaging, rebranding – it is an expense. If one neglects to secure the designation that one is using to promote the products or services, there is a risk that another entity obtains registration earlier and… may demand stop using it by other parties. This situation happens more often than one might think – and consequently can mean having to change one’s own brand name, domain name, graphic materials or even the products.

InPost’s example – a source of inspiration

Although InPost has not (yet) filed its sound as a trademark, its action is an example of thinking in terms of extended branding. Introducing a sound as one’s own brand is a step towards fuller identification with the recipients – and may become a valuable asset worth protecting.

Under the conditions of increasing competition, exposure to digital environment and multi-channel communications – a full brand protection strategy should not merely end with a logo. Sound, color, shape, movement – any of these elements may become a trademark. The key question is whether companies are taking necessary steps are to ensure that these elements are legally protected.