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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Friday, November 28, 2003ECJ on audio trade marks.On November 27, 2003 the ECJ has delivered an important  decision in re C-283/01 on audio trade marks. In particular, the Court decided that "Article 2 of Directive 89/104 must be interpreted as meaning that a trade mark may consist of a sign which is not in itself capable of being perceived visually, provided that it can be represented graphically, particularly by means of images, lines or characters, and that its representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective. In the case of a sound sign, those requirements are not satisfied when the sign is represented graphically by means of a description using the written language, such as an indication that the sign consists of the notes going to make up a musical work, or the indication that it is the cry of an animal, or by means of a simple onomatopoeia, without more, or by means of a sequence of musical notes, without more. On the other hand, those requirements are satisfied where the sign is represented by a stave divided into measures and showing, in particular, a clef, musical notes and rests whose form indicates the relative value and, where necessary, accidentals."
This case law will surely further reduce the attractiveness of audio trade marks throughout the EU. Despite some euphoria in earlier years after the opening of the trade mark system for sound marks, the requirements for obtaining a trade mark registration for such marks are quite high and many companies will now think twice before relying on such non-standard branding concepts.
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