TRADEMARK | The EUIPO on the registration of Porsche’s accelerating engine sound mark

On 20 June 2024, the Board of Appeal of the European Intellectual Property Office (EUIPO), issued its decision on case R 1900/2023-5  concerning the refusal to register Porsche’s sound mark due to lack of distinctiveness. Notably, the sound mark applied for consists of a 16-second accelerating engine noise. Porsche argued that claiming that the sound of the sound mark applied for was memorable, artificially created and capable of serving as an indicator of commercial origin by evoking strong emotions and ideas in the public. However, the Board of Appeal upheld the Examination Division’s first refusal, given that, to be registered as trademark, a sound must have a certain resonance, and the relevant public should perceive it as a mark and not merely as a functional component of a certain product. The Board of Appeal found that Porsche’s sound merely represented the acceleration of a common vehicle and thus lacked a distinctive character. The decision reflects ongoing challenges in registering sound marks for electric vehicles, where artificial engine sounds are increasingly used for pedestrian safety but also for brand identity purposes, even though the sound may eventually gain distinctiveness only if consumers associate it with a particular manufacturer.

Newsletter n. 99 – August/September 2024