If the sound is very short (two identical tones), consumers will not be able to recognize a trademark in this (but rather judge this as a ringtone). Very long sound marks can also encounter problems or their own.
The EUIPO recently rejected a 39-second sound mark based on the well-known children’s song Johnny Johnny Yes Papa. The reasons given by the authority include the long duration of the sound mark, the fact that there is not an easily recognizable melody line, the sound mark is based on a well-known children’s song, and no other distinguishing marks appear.
Keeping in mind the earlier judgement of the James Bond tune, actually the most important prerequisite is the easily recognizable melody line. A long tune does make this more difficult. (source image: EUIPO decision – BoA).
