The European Union Intellectual Property Office (EUIPO) has denied Porsche’s application to trademark the unique synthetic engine sound produced by its electric vehicles, including the Taycan, citing its lack of distinctive qualities. Porsche had described the sound as “futuristic, melodious, and having a certain tempo as well as motives and dynamics,”
Filing number: 018795489
Basis: EUTM
Date of receipt: 18/11/2022
Type: Sound
Nice classes: 9, 12, 28, 41
Organisation: Dr. Ing. h.c. F. Porsche Aktiengesellschaft
Palais de la Cour de Justice, Kirchberg, Luxembourg
An European Union court ruled on Wednesday that the sound of a drink can opening, followed by several seconds of fizzing is not a trademark. German company Ardagh Metal Beverage Holdings had applied to the European Union Intellectual Property Office (EUIPO) to register the noise made by its fizzy drinks cans.But the company was left feeling flat after being rejected on the grounds that the sound was not “distinctive” enough.
“The sound made by a drinks can being opened, followed by a silence of approximately one second and a fizzing sound lasting approximately nine seconds” is not a so-called sound mark, the European General Court said in a statement.
[プルタブを開けた音に続く1秒の沈黙の後の9秒間のしゅわしゅわの音は所謂音商標ではないと判断されています。]
Trade marks consisting exclusively of a sound or a combination of sounds are rare. However, a recent EUIPO decision confirms that a four-note sequence for electronical and medical apparatus and sanitary installations may be distinctive.🔎R2821/2019-1 https://t.co/yrF2zvT1mKpic.twitter.com/SLlaY39or6
— European Union Intellectual Property Office (@EU_IPO) September 15, 2020
Trade mark number: 018063460
Filing date: 13/05/2019
Owner: B. Braun Melsungen AG
Appeal: R2821/2019-1 Trade mark 018063460