In a previous column, I introduced the notion that trademarks can occur in many different forms. Although most trademarks are based on the visual sense, i.e., they are brand names, logos, or symbols that can be seen, some of the more unusual trademarks rely on a person's other senses. This column will continue to survey those marks that are based on sound and are currently registered with the United States Patent and Trademark Office.
The following is the remainder of the list compiled from the database of the United States Patent and Trademark Office, and the information contained therein is current as of January 1, 2000.
How many do you recognize?
18. LucasArts Entertainment Company, which provides entertainment services, and specifically motion picture exhibition services, developed a THX logo theme containing thirty voices over seven measures, beginning in a narrow range of 200 to 400 Hz and then slowly diverting to pre-selected pitches encompassing three octaves. These thirty voices begin at pitches between 200 Hz and 400 Hz and arrive at the pre-selected pitches which span the three octaves by the fourth measure. The highest pitch is slightly detuned, while there are double the number of voices of the lower two pitches. This THX logo theme and service mark was first utilized in commerce on May 25, 1983, and it was placed on the Principal Register on January 10, 1995.
19. Neoprobe Corporation manufactures radiation detection probes for medical use, including a microprocessor-based controller and analyzer which responds to the output of the probe to evaluate it and to provide an audible signal. The sound mark that the registrant developed consists of six octaves of sound tone beginning with 20 Hz and descending to 1288 Hz, and then returning to 20 Hz to produce a unique sound. This trademark, which has been used in commerce since September 1988, was placed on the Principal Register on March 5, 1996.
20. Twentieth Century Fox Film Corporation has a sound mark which is comprised of nine bars of primarily musical chords in the key of B flat, with the chords consisting of four (4) eighth and sixteenth notes. It has employed the sound mark in conjunction with its entertainment services in the nature of motion picture films ever since March 1939, although it did not file an application to have the mark registered until January 23, 1995. This sound mark has been on the Principal Register since September 17, 1996.
21. Ginsburg Enterprises, Incorporated, has registered a sound mark that is made of the spoken words "Ooh It's So Good." This service mark is utilized in conjunction with entertainment services, and specifically the production of television programs that deal with culinary topics. This service mark was first used in commerce on September 1,1980, and was registered on the Principal Register on September 17, 1996.
22. ITC Entertainment Group Limited, also listed at number thirty-five infra, has successfully registered three sound marks in conjunction with its motion picture film production services and leasing of filmed entertainment shows. The first service mark consists of the musical notes D, E, A; B, C#; F#; E, F, B; E, F, B (high synth); and E, B (low synth). The second service mark is comprised of the musical notes D, E, A; B, C#, F#, E, F, B (high synth); E, B (low synth); and d explosion (percussion). The third mark consists of the musical notes D, E, A; A, E, A; E, F#, B; E, F#, B (high synth); E, A; E, A; E, A (low synth); F - E glissando (chimes); and percussion cymbal roll. All three of these sound marks were first employed in commerce in December 1988 and were placed on the Principal Register on January 7, 1997, after the appropriate applications were filed on February 23, 1995.
23. Apple South, Incorporated, is another enterprise that uses a sound mark made of spoken words. The service mark in this instance consists of the five words "Are You Ready To Rumba" in spoken form, and has been used in connection with restaurant services since April 10, 1995. This sound mark was placed on the Principal Register on January 28, 1997.
24. AAMCO Transmissions, Incorporated, utilizes a sound mark that consists of the spoken words and letters "AAMCO Double A M C O," with two beeps of a car horn interposed between the "Double A" and the "M C O." This famous service mark is employed in conjunction with the automobile repair services offered by the registrant, and has undoubtedly been heard by millions of American consumers in numerous radio and television commercials since 1965. An application to register this sound mark was submitted to the Patent and Trademark Office on December 5, 1996, and the mark was entered onto the Principal Register on March 10, 1998.
25. AAMCO Transmissions, Incorporated, has also registered a variation of the sound mark described in the preceding entry. This second service mark is comprised of the spoken words and letters "Double A M C O" with two beeps of an automobile horn interposed between the "Double A" and the "M C O," again in conjunction with the automobile repair services offered by the registrant. The application to register this sound mark was filed on December 5, 1996, and it was put on the Principal Register on March 17, 1998.
26. AirTouch Communications, Incorporated, has a musical mark that is comprised of a distinctive synthesized musical sound that has a flute-like timbre or sound quality. This service mark is used in conjunction with cellular telephone services and paging services, and has been utilized in commerce since July 1994. An application to register this sound mark was filed on March 31, 1997, and it was placed on the Principal Register on April 7,1998.
27. Golden Books Publishing Company, Incorporated, has registered as a sound mark the theme music for the Lone Ranger radio, film, and television series. This Lone Ranger theme music is easily recognized because it resembles portions of the overture to the 1829 opera "William Tell" that was composed by Gioacchino Rossini. This mark has been utilized in commerce since February 1, 1933, in connection with entertainment services, and specifically, a continuing drama show distributed over television, satellite, audio, and video media. The application to register this mark was filed on February 22, 1995, and, following the establishment of secondary meaning, this service mark was placed on the Principal Register on May 12, 1998.
28. Golden Books Publishing Company, Incorporated, has succeeded in obtaining an additional registration of its sound mark, consisting of the theme music for the Lone Ranger radio, film, and television series, in conjunction with entertainment motion picture films, cinematographic films for use in television, pre-recorded entertainment video cassettes and video tapes, and pre-recorded audio tapes and audio cassettes, all featuring action/adventure programs, that it produces. This trademark, first employed in commerce back on February 1, 1933, has been registered on the Principal Register since May 12, 1998.
29. MTM Enterprises, Incorporated, has a sound-based trademark and service mark that it utilizes in conjunction with entertainment services, namely, the production and distribution of cinematographic films featuring comedy, drama, action-adventure, animation, educational, historical, and children's entertainment for television broadcast and theatrical exhibition. This sound mark has been used in commerce since September 19, 1970. Ultimately, this mark was placed on the Principal Register on May 19, 1998.
30. KES Irrigation Systems, Incorporated, is the registrant, while KES Science and Technology, Incorporated, is the last listed owner, of a trademark which is comprised of the combination of the sounds of thunder and rain together with a strobe representation of lightning. This mark is used in conjunction with automatic produce misting units that are designed to deliver a timed water mist to fruits and vegetables in display cases. The mark has been employed in commerce since November 1989, and an application to register the mark was filed on May 31, 1996. Following the establishment of secondary meaning, the mark was placed on the Principal Register on September 8, 1998.
31. KES Irrigation Systems, Incorporated, has registered another trademark consisting just of the sounds of thunder and rain, again employed in conjunction with the automatic produce misting units described in the preceding entry. This mark, like the other one, has been utilized in commerce since November 1989, although the application to register was not filed until August 5, 1996. Because the mark was deemed to be merely descriptive, it was necessary for the applicant to demonstrate secondary meaning, and the mark was not entered on the Principal Register until November 17, 1998.
32. Anheuser-Busch, Incorporated, the famous beer producer, employs a sound mark which consists of the sound of a howling wolf. This trademark, which the registrant has used in commerce since January 1996, was placed on the Principal Register on December 8, 1998.
33. Edgar Rice Burroughs, Incorporated, has successfully registered the sound of the famous Tarzan yell. This sound mark is a yell that consists of a series of approximately ten individual sounds, alternating between the chest and the falsetto registers of the voice, as follows: (1) a semi-long sound in the chest register, (2) a short sound up an interval of one octave plus a fifth from the preceding sound, (3) a short sound down a major third from the preceding sound, (4) a short sound up a major third from the preceding sound, (5) a long sound down one octave plus a major third from the preceding sound, (6) a short sound up one octave from the preceding sound, (7) a short sound up a major third from the preceding sound, (8) a short sound down a major third from the preceding sound, (9) a short sound up a major third from the preceding sound, and (10) a long sound down an octave plus a fifth from the preceding sound. This trademark, which has been utilized in connection with toy action figures since September 15, 1995, was placed on the Principal Register on December 15, 1998, following the establishment of secondary meaning.
34. Mister Softee, Incorporated, which provides retail mobile vending services through the use of trucks featuring soft ice cream, has registered a musical jingle that is composed of sixteen notes in the key of E flat, which is then repeated (those individuals who tend to go to sleep early in the evening might say annoyingly so). This service mark, which has been utilized in commerce ever since March 1960, was the subject of an application to register that was submitted to the Patent and Trademark Office on January 11, 1995. The mark was subsequently placed on the Principal Register on January 19, 1999.
35. ITC Entertainment Group Limited has registered a sound mark consisting of the musical notes D, E, A; E, F#, B; E, F#, B (high synth); E, A; E, A; E, A (low synth), F - E glissando (chimes); cymbal roll, "explosions", and high hat triplets (percussion). The registrant of this service mark provides motion picture film production services and the leasing of filmed entertainment shows. This service mark has been used in commerce since December 1988 and was entered on the Principal Register on May 18, 1999.
36. ZAO Elorg a/k/a Elorg Corporation has registered a sound mark comprised of an instrumental tune in the style of a Russian folk song in 2/2 time or cut time having at least two eight-bar phrases. This trademark is used in conjunction with video game machines that are designed and intended to be used with television sets, video game cartridges for such machines, and computer game software, with all of these items for use in playing a proprietary game. In addition, this sound mark is used with hand-held units for playing a proprietary electronic game and the game cartridges therefor. The mark has been used in commerce since June 2, 1989. It was subsequently placed on the Principal Register on October 26, 1999.
37. Boston Duck Tours is a limited partnership that conducts sightseeing tours. Since October 4, 1994, it has been utilizing a sound mark comprised of the sound of a human voice making quacking noises like a duck so as to identify itself to tourists and potential customers. An application to have this service mark placed on the Principal Register was filed on March 5, 1998. Subsequently, on January 18, 2000, this mark was so registered.
38. Intel Corporation filed an application on July 29, 1997, to register its sound mark which is comprised of a five tone audio progression of the notes D flat, D flat, G, D flat, and A flat. Intel utilizes this mark in conjunction with computer hardware and computer operating software, microprocessors, integrated circuits, and semiconductor devices; and this trademark was first used in commerce in October 1994. The mark was placed on the Principal Register on February 8, 2000.