Platinum-selling music artist Pitbull has received two trademark registrations for a signature yell used in his music. The United States Patent and Trademark Office (USPTO) issued two sound mark registrations, U.S. Reg. Nos. 5877076 and 5877077, for “entertainment services in the nature of live musical performances” and “musical sound recordings; musical video recordings,” respectively. For each registration, the description of the mark reads, “The mark is a sound. The mark consists of a man yelling ‘EEEEEEEYOOOOOO’ in falsetto with ‘E’ drawn out followed by a ‘U’ sound.”

Generally, trademarks are understood to be logos and word marks. While sound marks are not as common, certain sounds are eligible for and do receive trademark protection. According to the Trademark Manual of Examining Procedure, “A sound mark identifies and distinguishes a product or service through audio rather than visual means. Sound marks function as source indicators when they ‘assume a definitive shape or arrangement’ and ‘create in the hearer’s mind an association of the sound’ with a good or service.” TMEP § 1202.15 (citing In re Gen. Electric Broad. Co., 199 USPQ 560, 563 (TTAB 1978)).