An European Union court ruled on Wednesday that the sound of a drink can opening, followed by several seconds of fizzing is not a trademark. German company Ardagh Metal Beverage Holdings had applied to the European Union Intellectual Property Office (EUIPO) to register the noise made by its fizzy drinks cans.But the company was left feeling flat after being rejected on the grounds that the sound was not “distinctive” enough.
“The sound made by a drinks can being opened, followed by a silence of approximately one second and a fizzing sound lasting approximately nine seconds” is not a so-called sound mark, the European General Court said in a statement.
[プルタブを開けた音に続く１秒の沈黙の後の９秒間のしゅわしゅわの音は所謂音商標ではないと判断されています。]
Filing number: 017912475
Basis: EUTM
Date of receipt: 06/06/2018
Type: Sound
Nice classes: 6, 29, 30, 32, 33
Organisation: Ardagh Metal Beverage Holdings GmbH & Co. KG
Innovation Box Nitro Can, 0:41
