The trademark that makes “pschitt”

[20/07/2021] On 7 July 2021, the General Court of the European Union ruled, for the first time, on the registration of a sound mark submitted in an audio format.

This sound trademark was filed in 2018 by Ardagh Metal Beverage Holdings GmbH & Co. KG through an audio file containing the sound made by the opening of a drinks can - followed by a silence and a fizzing sound - to designate goods in classes 6, 29, 30, 32 and 33 (metal containers, milk, coffee, beers, alcoholic beverages). 

In 2019, EUIPO and the Board of Appeal rejected the application on the ground that the mark applied for was not distinctive.

This refusal has just been confirmed by the Court, which considers that the Ardagh Metal Beverage trademark was devoid of "distinctive character" insofar as the sound does not allow to indicate the commercial origin of the goods concerned.

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