ARTICLE · 21 DECEMBER 2021

Sound Marks Must Be Distinctive To Be Registered

Goldman Sloan Nash & Haber LLP

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A recent decision of the General Court of the European Union raises interesting questions concerning sound marks and their distinctiveness.

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A recent decision of the General Court of the European Union raises interesting questions concerning sound marks and their distinctiveness. (Ardagh Metal Beverage Holdings GmbH & Co. KG v. EUIPO, (7 July 2021) Case T-668/19 (General Court).

The Application

The Applicant applied for an EU trademark for a sound mark. The sound mark reproduced the sound produced when a drink can is opened, followed by a silence of about one second and a crackle of about nine seconds. The applied-for goods included numerous types of beverages including beer and mineral water.

The examiner at the European Union Intellectual Property Office (EUIPO) rejected the application on the basis that the mark applied for was devoid of any distinctive character.

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