Sound marks
Sound marks are those made up exclusively of a sound or combination of sounds. Some examples are the famous McDonald’s jingle “I’m loving it” or the Mercadona supermarket melody.
As with any other type of trademark, the prerequisite for the registration of a sound mark is that the sound alone possesses distinctive character, i.e. that the average consumer is able to perceive the sound as a memorable sound uniquely associated with the goods or services offered by a particular undertaking, and that it has a “certain strength” that enables consumers to perceive it and regard it as a trade mark.
This is not the case if the sound is perceived as a functional element of the goods and services for which protection is sought or as an indicator with no intrinsic characteristics of its own. This is precisely what happened to Porsche with the engine sound which it sought to register as a trademark.
