Transcript SOUND MARKS

SOUND MARKS
Defining the scope of protection
Jens Herman Ruge
Legal adviser, Design- and Trademark Department
E-mail: [email protected]
Alicante 2008
© Norwegian Industrial Property Office
LEGAL FRAMEWORK (1)
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Norwegian Trademark Act Section 1:
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A trademark may consist of any sign which is capable of
distinguishing the goods or services of one establishment
from those of others, and which is capable of being
represented graphically…
Corresponds to Section 2 of the First Directive
89/104/EEC

A trade mark may consist of any sign capable of being
represented graphically…provided that such signs are
capable of distinguishing the goods or services of one
undertaking from those of other undertakings.
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LEGAL FRAMEWORK (2)
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Norwegian Trademark Regulations Section 3(6),
pursuant to Trademark Act Section 17:
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If the application concerns other type of marks, for
example a sound mark, scent mark or mark
consisting of colours or combinations of colours, the
Patent Office may require a description of the
mark and possibly a sample of the mark stored
on a suitable medium. The Patent Office may give
further guidelines for transmission, formats of
storage, etc.
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WHAT CONSTITUTES A SOUND MARK?
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Graphical representation of a sound: ”any sign
capable of being represented graphically.” This means that it is
the graphical representation which constitutes the trade mark.
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How to see a sound?
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Will the examiner know what to examine?
Will a third party know when he infringes?
Will the proprietor know what he owns?
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EXAMPLES OF SOUND MARKS
•The mark consists of a musikal piece which contains different
layers og musikal notes. The main layer contains of D#, G#, D#,
A#, and the whole piece consists of four accoustic layers (in two
octaves), six double synth layers, a production layer, a layer of
buzzing sound, a bell layer and a bass layer, as shown in the score.
The piece is in a 4/4 beat and lasts for about three seconds.
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EXAMPLES OF SOUND MARKS
•The sound mark is an sequence of chords played for
about 8 seconds on an electrical Wurlizer Piano. About
in the middle there is a guitar-like ”riff”, also played on
an electrical WurlizerPiano. The sound mark har a
somewhat distorted sound and contains some tremolo.
Descriptive of the mood and sound, is also the sound of
an old vinyl record. The genre of the sound mark is
typical seventies R&B/soul music.
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User friendly?
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Dilemma: The applicant wants protection for the
sound mark per se, we grant protection for the
look of it.
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Our solution: We require a description of the sound in
a note sequence
And a written description of the mark
In addition, the actual sound mark must be submitted
in the MP3 format.
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PRACTICAL AND LEGAL ISSUES
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With electronic publication, there is no technical
hindrance for publication of the sound per se.
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In order to define the sound mark by the sound itself,
the directive must allow other than graphical
representation.
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Do other countries share our and our customers wish
for a change?
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•Thank you for your attention
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