Trademark protection for lyricless melodies: New IPI practice too strict
Melodies without lyrics should also be able to be protected as acoustic trademarks. This was decided by the Federal Administrative Court. The IPI's new practice to the contrary when registering sound logos in the trademark register is too restrictive.
Melodies without lyrics should also be able to be protected as acoustic trademarks. This was decided by the Federal Administrative Court. The IPI's new practice to the contrary when registering sound logos in the trademark register is too restrictive.
Three years ago, the IPI tightened its guidelines. It stated that melodies without linguistic elements generally lacked distinctive character. Purely musical background music is often used in advertising, which is why customers would not recognize an indication of commercial origin the first time they hear a melody.
However, in a recent ruling, the Federal Supreme Court came to the conclusion that this restriction is too restrictive as, according to the judges, the distinctiveness of the melodies cannot be assessed solely on the basis of the use of linguistic elements. However, unusual and characteristic features are required for a recognition effect.
Three years ago, the IPI tightened its guidelines. It stated that melodies without linguistic elements generally lacked distinctive character. Purely musical background music is often used in advertising, which is why customers would not recognize an indication of commercial origin the first time they hear a melody.
However, in a recent ruling, the Federal Supreme Court came to the conclusion that this restriction is too restrictive as, according to the judges, the distinctiveness of the melodies cannot be assessed solely on the basis of the use of linguistic elements. However, unusual and characteristic features are required for a recognition effect.
