EuG, Urt. v. 7.7.2021, T 668/19 – „Geräuschmarke für Getränke“

If a feature of a trademark is perceived by the relevant public as having primarily technical and functional significance, it is unlikely to be perceived as an indication of the commercial origin of the goods in question.

Slightly different sounds from identical products, may be perceived as a variant, but not (per se) as a trademark.

Practical tip:

Sound design is increasingly important in today’s products – trademark protection in Europe does not follow these requirements or the associated exercise, even among consumers.

Detailed information on this in our press release from 8. July 2021.