Jul 27, 2021Share
Ardagh Metal Beverage Holdings had applied for a sound mark to register the sound made by its fizzy cans while opening. European Union Intellectual Property Office (EUIPO) rejected the trademark stating that the sound was not distinctive enough. The company has appealed to the European General court. The court's verdict went in favor of the EUIPO stating, that "A sound mark must have a certain resonance which enables the target consumer to perceive it as a trademark and not as a functional element or as an indicator without any inherent characteristic," the court said.
"The sound elements and the silence of approximately one second, taken as a whole, do not have any inherent characteristic that would make it possible for them to be perceived... as being an indication of the commercial origin of the goods," it added.
There are famous sound marks that have been registered such as MGM lion's roar. Not every sound can be registered. They require distinctive qualities.For example, in the 1990s, motorbike manufacturer Harley Davidson tried to register the rumble of its engines but failed.
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