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BVG Sound Mark Qualifies as Indicator of Origin

In 2023, Berlin’s transport provider, Berliner Verkehrsbetriebe (BVG), sought registration of a sound mark for use in Class 39 (transport services): a sequence of four distinctive tones played in an unusual rhythm. The EUIPO initially rejected the mark, arguing it was too brief and not sufficiently unique, echoing concerns from prior refusals of ringtone-like submissions. On appeal, however, the European court reversed this decision, emphasizing that what matters is not length, but distinctiveness and originality within the relevant market. Unlike standard metro sounds, BVG’s jingle was found to be certain and novel, serving as a valid source identifier for consumers.

The court added that within the transport sector, the use of short but powerful soundmarks—as effective “audio logos”—has become industry standard, adding further justification for acceptance. The upshot is clear: companies in any sector may succeed with sound marks if they can demonstrate that their audio signature is genuinely distinctive and instantly associated with their services.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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