What are sound marks?
Many are familiar with the distinctive sounds of Audi or VW that
are heard at the end of a commercial. But only very few know that
these are registered and protected trademarks.
Trademarks are not limited to words or logos – in the EU and
many other jurisdictions, sounds can also be
protected if they are distinctive and clearly
identifiable.
A sound mark (or acoustic mark) refers to a sound
sequence that can serve to identify the commercial origin of goods
or services. In the world of sport – where emotions,
recognition and branding are central – sound marks are
becoming increasingly relevant.
Sound marks in the EU
"The champions, The best, Les grandes équipes, The
champions"
Anyone familiar with these lyrics will know that they originate
from the most famous sports anthem in the world - the UEFA
Champions League anthem.
The latest version of the anthem was registered only this month at
the European Intellectual Property Office (EUIPO)
under the number 019142733 in the trademark
register, where the sound mark can also be played.
There are other sound marks from the sports sector also registered
with the EUIPO:
- 019142794 (UEFA)
- 019059043 (World Rugby Events)
- 018337851 (The FA Premier League)
How can sounds be protected?
In the EU, sound marks can be registered with the EUIPO as an
audio file or through the exact reproduction of
the sound in musical notation.
The key requirement is distinctiveness – the
sound must be perceived as recognisable, which indicates that the
goods or services are exclusively associated with a particular
company. A sound must have a "certain resonance" that
enables the public to perceive and regard it as a trademark.
Obstacles to protection
Not every sound is eligible for trademark protection. Common
barriers include:
- Lack of distinctiveness: Generic crowd noise,
standard whistles or descriptive sounds (e.g. a cheering crowd) are
unlikely to be accepted.
- Technical function: Sounds that result
directly from the function of a product (e.g. the bounce of a
basketball) cannot be protected.
- Sounds in the public domain: For example,
national anthems whose copyrights have become public domain.
- Length: Sounds that are too long to be considered as an indication of origin.
Conclusion
Sound trademarks offer athletes, clubs and associations a
creative and emotional way to expand their brand
presence – but their protection requires strategic
planning and a high degree of
originality. Especially in sport, where emotions are loud
and unique moments matter, sound can become a powerful
brand signal – if legally protected in time.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
