What are the requirements when applying for sound and scent trade marks?
To be registrable a trade mark must be able to be represented graphically and this also applies to sound and scent trade marks. This means that a trade mark must be able to be represented by symbols in the form of diagrams and/or writing. • Sound trade marks must be represented by a precise description of the sound. If the trade mark contains music then it can be represented by musical notation and accompanied by a description along the lines of ‘the trade mark consists of the tune as played on a trombone’ represented on the application form. A sound can also be represented by words (eg. Clip, Clop, Moo) and must include an accurate description of the trade mark, eg. ‘the trade mark consists of the sound of 2 steps taken by a cow on a pavement, followed by the sound of a cow mooing’. The description of the trade mark will be entered on the Register as an endorsement. • Scent trade marks can be represented by a precise verbal description of the scent. The application should include the
