A hearing mark is a mark, which consists of a Klangbild.

Background

A Klangbild knows the function of a mark to thus differentiate fulfill goods or services of an enterprise from that other enterprises. Thus a Klangbild can be registered as hearing mark in principle as mark into the register of trademarks. Perhaps only with very long sound sequences different one can result.

As is the case for all mark types (word mark, picture mark, word/picture mark, goods form mark, color mark, movement mark, hologram mark, colour combination mark, smell mark) distinctiveness for the goods and services stressed in each case must be given also with the hearing mark.

The requirement of the graphic representability is problematic with the hearing mark - similar as with the smell mark -. For this the EuGH in its Shieldmark Kist decision, referring to the Sieckmann decision (EuGH, repeated legal matter C-283/01 and/or legal matter C-273/00) that the graphic representability is given to a mark only if it is clearly, clearly, in itself finally, easily accessible, understandably, durable and objective. In the follow-up on this decision of the EuGH the DPMA adapted the mark regulation. According to "§11, exp. II of the mark regulation (MarkenV) must be represented the hearing mark now in usual notation, i.e. it must be representable also in notation. There alone the Klangbild the trademark protection certainly is to be submitted by the applicant of a hearing mark also a klangliche rendition of the mark.

This is not often encountered criticism, there on the one hand to noise in notation to represent leaves themselves and on the other hand also the notation numerous realizations - for example speeds, dynamics, tone quality, articulation, instrumenting - permits. By 15 October 2003 hearing marks could be submitted with the DPMA still as Sonagramm, if a diagram were not possible in notation. Due to the necessary, extensive aids, which were necessary for the statement of the Klangbildes of such a hearing mark, this possibility was painted.

Examples

DE 39940591 (Telekom) among other things for telecommunications, pieces of clothing, education.

DE 39538330 (Diebels, "a beautiful day"Â…") for beer, liquor, wine, alcoholic mixing beverages, food supply and accommodating of guests.

An overview with clay/tone examples - hearing marks in Germany and where hearing marks to be everywhere registered can. at present not in China, Japan etc.

See also

• Word mark
• Picture mark
• Word/picture mark
• Goods form mark
• Color mark
• Colour combination mark
• Movement mark
• Hologram mark
• Smell mark

Articles in category "Hearing mark"

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