904.03(f)    Specimens for Sound Marks

To show that a sound mark actually identifies and distinguishes the goods/services/collective membership organization and indicates their source, an applicant must submit a specimen that contains a sufficient portion of the audio or video content to show how the mark is used on or in connection with the goods/services/collective membership organization.

For electronic applications under §1(a), as well as response, statement of use/amendment to allege use, petition, and registration maintenance/renewal forms, the specimen must be attached to the form in the trademark electronic filing system and be an electronic file in a file format designated as acceptable by the USPTO, such as .wav, .wmv, .wma, .mp3, .mpg, or .avi format.  See 37 C.F.R. §2.56(c). Audio files should not exceed 5 MB in size, and video files should not exceed 30 MB, because the trademark electronic filing system cannot accommodate larger files.

See TMEP §904.02(a) for specimens filed electronically, §904.03(d) for electronic and digital media specimens for permitted paper filings, and §904.03(g) for specimens comprising a display associated with the goods. See also TMEP §807.09 and §1202.15 regarding sound marks.