Can You Trademark a Voice?

Trademarks specifically cover the name, logo, or slogan that you use to identify your goods and services to a consumer. A voice is considered to be a distinct feature of an individual, which they have no control over; as such, it would be impossible to place restrictions on the voices of competitors.

Trademarking Digital Voices

However, the evolving landscape of digital voice assistants and artificial intelligence has introduced new complexities into the domain of sound marks. Legal protection for distinctive sounds, such as those generated by a community of voice actors or unique audio elements used in voice service delivery, can indeed be trademarked. The development of voice engine technology, which powers digital voice assistants, offers new opportunities for brands to create a unique sonic identity that resonates with customers.

This includes the realm of informative voice messages and interactive voice response systems, where a specific style or element of sound - whether a song or a particular way of speaking - becomes associated with a brand, thus potentially qualifying for trademark sound protection. The aim here is to prevent consumer confusion, ensuring that the audio cues from a brand are distinctively recognized. Moreover, the involvement of a music artist in crafting these sounds or voices can further personalize and enhance a brand's appeal to its customer base.

Examples of Trademarked Digital Voices

A recent trademark application has got the rumor mill going with the news that it looks like OpenAI is looking to take on Alexa and Siri in the voice assistant department. OpenAI has filed to register a trademark with USPTO for "Voice Engine" in March 2024 which looks to cover "the creation of software used for building digital voice assistants, audio generation from text prompts, voice command processing, and voice service delivery" as well as much more. It appears that they are looking to trademark a fully functional and interactive AI voice assistant and service delivery.

This isn't a great surprise with the likes of Apple's Siri having several trademarks for its AI Voice Assistant. Apple has registered three sound mark registrations with USPTO for Siri's sounds such as “a synthesized bell tone playing a C#5 sixteenth note, followed by another C#5 sixteenth note” for use with computer hardware good in Class 9 (U.S. Trademark Registration No. 4689365). The other sound marks cover the sound Siri makes when activated and the sound made at the end of receiving a voice request.

Trademarking a Spoken Slogan

If you wish to integrate a specific voice into your advertising campaign, you could use it in conjunction with a trademarked slogan or jingle. A trademark will protect your slogan, but not the slogan's implementation; this would include the voice that speaks the slogan. Moreover, with the rise of the digital voice assistant market, the style and definition of these sound marks have become crucial for brands to establish a unique presence.

If you have any questions regarding securing a trademark for a slogan, jingle, or sound mark, contact our associates today. Engaging with the right legal protection for sound marks, especially within the digital and artificial intelligence spheres, can provide a significant competitive edge in today's technology-driven market.

Common Trademark Topics for Musicians

• Trademarks for musicians - 5 things to know
• Trademarking sheet music
• Trademarks and t-shirts
• Trademarking a song
• Trademarking a stage name
• Trademarks for YouTube channels
• Trademarking social media usernames
• Trademarking a hashtag

The Process of Trademarking