Registering Your "Distinctive" Sound Mark

In one of the latest cases, the European Court ruled about a sound mark making it one of the first instances after the reform of trademark law. The European Court of Justice rules that the sound mark "tin plop" was devoid of distinctive character. While opening a beverage can, the sound "tin plop" is a common sound. The disputed sound mark of tin plop is also the similar sound of the opening of beverage can be followed by about one second of no sound and a tingling sound of about nine seconds. The application was filed by Ardagh Metal Beverage Holding GMbH & Co. (Germany). The applicant submitted an audio file of their sound mark "Dosen Plopp" consisting of sound and a deliberate silence which was filed in Class 6, 29, 30, 32, 33, etc. But the trademark office refused to register the same giving the reason of lack of distinctiveness. Distinctiveness was a basic requirement for a trademark which the sound mark lacked for a commercial origin.