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| Topic: |
Social Issues
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| Number of pages / Number of words: |
11 / 3058 |
Essay's paper body
P claimed infringement proceedings against D who had used similar devices in advertising his communications consultancy services. During an ad campaign in 1995, the D used Fur Elise melody and also sold a computer program which emitted the sound of a cockcrow. Preliminary reference made to ECJ on whether the sound could be trademark and if so, what the requirements were...
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Preliminary reference made to ECJ on whether the sound could be trademark and if so, what the requirements were. It was held (i) sounds were capable of being trade marks, provided that they were capable of distinguishing the G/S in issue and of being represented graphically and the representation as clear, precise, self contained, easily accessible, intelligible, durable and objective (Sieckmann applied); (ii) requirements for graphic representability were not satisfied by a description of the sound in written language, but they could be satisfied by musical notation; (iii) those requirements were not satisfied when the representation consisted of musical notation with a state divided into bars, clefs, notes, rests and accidentals, which thus determined the pitch and duration of the sounds; (iv) an application must state clearly that the mark is intended to be a sound mark and that musical notation should be adequate to communicate the sound in a sufficiently clear and precise way...
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