Trademark Protection of Music Notation Law and Legal Definition

Musical notes appearing with or without a staff are provided trademark protection when they function as proper trademarks. Generally, there is no independent trademark protection against the printing of musical notes as a symbol identifying the specific song communicated by those notes, because they describe the music itself. Moreover, such notation would be functional for the creation of that particular music. Along with distinctiveness, graphical representation can also pose a serious obstacle in registering sound marks. Generally, sound mark is represented using musical notation and a written description. However, everyone cannot read music. Even written musical notes, while indicating pitch, do not indicate tone. Musical notes give a description of the music, not the music itself. However, musical notation as a symbol for anything other than the song itself could operate as a trademark.