Sound trademark

When sound marks are melodies or sound patterns that are protected as a trademark (such as jingles ) and in the context of the Acoustic brand management can be used.

Background

A sound can be distinguished as a trade mark, that the goods or services of one undertaking from those of other companies that meet. Thus, a sound image are generally registered as a sound mark as a trademark in the trademark register. Only in very long sound sequences can possibly different result.

As with all forms of trade mark must also exist in the sound mark of distinctiveness for each of the goods and services.

The problem with the sound mark - similar to the smell of brand - the requirement of graphical representation. To this end, the ECJ has in his Shield Mark Kist decision, referring to the Sieckmann decision (ECJ, Case C-283/01 and Case C-273/00 ), reiterates that the graph representability of a brand is only given if it is clear, precise, self-contained, easily accessible, intelligible, durable and objective. Following this decision of the ECJ, the DPMA has adapted the Trade Mark Regulation. In accordance with § 11, Paragraph II of the Trade Mark Regulation ( Trade Mark ), the sound mark must now be shown in the usual notation, that is, they must be represented in musical notation. Since the sound alone determines the trademark protection, be submitted by the applicant for a sound mark, a sound representation of the brand.

This is often met with criticism because on the one hand noise can not be represented in notation and on the other hand, musical notation numerous implementations - for example, tempos, dynamics, timbre, articulation, instrumentation - permits. Until October 15, 2003 Hörmarken could be submitted as a sonogram at the DPMA even when a graph of musical notation was not possible. Due to the necessary, comprehensive tools that were necessary for determining the sound quality of such a sound mark, this possibility has been deleted.