Federal Supreme Court: Guidelines on the protectability of a melody as a trademark

The Federal Supreme Court has established the principles for the protectability of a melody as a trademark. A catchy and recognizable sequence of notes is necessary. However, lyrics are not required. Even the sound logo does not have to be able to be sung exactly.
According to the judges, a short, self-contained musical theme could well be understood by the addressee as a reference to a product on first hearing. Typically, such sound cues are used at the beginning and end of an advertising spot. In order for the melody to be understood as an indication of a specific origin of the product, it is not necessary that it can be clearly reproduced by the listener. Rather, recognition is sufficient.