• Home
  • About Us
    • About Us
    • Subscribe
    • Privacy Policy
  • Advertise
    • Advertise On IP Watch
    • Editorial Calendar
  • Videos
  • Links
  • Help

Intellectual Property Watch

Original news and analysis on international IP policy

  • Copyright
  • Patents
  • Trademarks
  • Opinions
  • People News
  • Venues
    • Bilateral/Regional Negotiations
    • ITU/ICANN
    • United Nations – other
    • WHO
    • WIPO
    • WTO/TRIPS
    • Africa
    • Asia/Pacific
    • Europe
    • Latin America/Caribbean
    • North America
  • Themes
    • Access to Knowledge/ Open Innovation & Science
    • Food Security/ Agriculture/ Genetic Resources
    • Finance
    • Health & IP
    • Human Rights
    • Internet Governance/ Digital Economy/ Cyberspace
    • Lobbying
    • Technical Cooperation/ Technology Transfer
  • Health Policy Watch

JPO Issues First Decision To Register Sound Trademark Consisting Solely Of Sound Element

16/10/2017 by Guest contributor for Intellectual Property Watch Leave a Comment

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to email this to a friend (Opens in new window)
  • Click to print (Opens in new window)

The views expressed in this article are solely those of the authors and are not associated with Intellectual Property Watch. IP-Watch expressly disclaims and refuses any responsibility or liability for the content, style or form of any posts made to this forum, which remain solely the responsibility of their authors.

By Masaki Mikami

On 26 September, the Japan Patent Office (JPO) announced, for the first time ever, the grant of protection to three sound trademarks consisting solely of a sound element.

  1. TM Application No. 2105-29809 for a sound mark played by trumpet

Applicant: Taiko Pharmaceutical Co., Ltd.

Class 5 – Medicines

Mark

https://www.jpo.go.jp/seido/s_shouhyou/files/otoshouhyou-hatsutouroku/2015-029809.mp3

Taiko Pharmaceutical, a Japan-based pharmaceutical company, is famous for the gastrointestinal medicine “Seirogan” distributed in the marketplace for more than seven decades. The mark is an iconic sound logo of the medicine. We can hear the sound in TV commercials. https://www.youtube.com/watch?v=x6MK9pCWkG4

 

  1. TM Application No. 2015-29981 for famous Intel’s sound logo

Class 9 – Microprocessors

Mark

https://www.jpo.go.jp/seido/s_shouhyou/files/otoshouhyou-hatsutouroku/2015-029981.mp3

Perhaps the most memorable and recognizable sound brand we can think of is Intel inside sound logo. It’s been used at the end of their commercials. There is a rumour that the original concept of “Intel inside” was invented during promotional activities in Japan. “Intel haitteru”, meaning “Intel in it”, is the very original term well-known among Japanese consumers as well. “haitteru” rhymes with “Intel” at the latter part of the sound, also implies a meaning of “inside”.

 

  1. IR No. 1177675 for the new BMW sound logo

Class 12 – Automobiles and parts thereof, included in this class.

Mark

The new BMW sound logo is the result of an agency pitch held in 2012 and a subsequent process of precise fine-tuning. It is characterized by a memorable melody produced from an innovative sound mixture (sound elements recorded forwards and backwards) which achieves a high degree of recognisability; the melody is preceded by a swelling sound, prepared by two striking, bass-driven accents and leading up to a shimmering, refined conclusion; this combination stands for the joy of progress, technology and pleasure-oriented driving.

The self-assured, well-grounded tonality of the sound logo thereby created emphasizes the innovative strength and dynamics of the BMW brand, thereby establishing a general automobile context. In this acoustic design, sounds played forwards and backwards are used symbolically as elements of flexible mobility. The tonality is both self-assured and firmly grounded; an extravagant tonal style conveys the joy of progress, technology and pleasure-oriented driving; the following is a graphic reproduction (shown in sheet music form) of the BMW sound logo.

https://www.jpo.go.jp/seido/s_shouhyou/files/otoshouhyou-hatsutouroku/1177675.mp3

From April 2015, the JPO began accepting applications for the registration of sound mark.

So far, 566 sound marks are applied for registration for the past two years. Among them, 172 sound marks are registered already. According to the announcement from JPO, the above three cases are the first sound marks solely consisting of a sound element.

Mostly, registered sound marks are a combination of sound element and linguistic element (lyrics). Where an applied sound mark contains distinctive linguistic element accompanying melody or rhythm, the JPO finds no reason to negate distinctiveness of the entire mark regardless of insufficient distinctiveness of the sound element itself.

In that meaning, above three sound marks are theoretically entitled to enjoy protection over the sound element. Unauthorized use of the sound itself constitutes trademark infringement even if the sound accompanies lyrics.

Masaki Mikami is a qualified IP attorney in Japan since 2003. Masaki has fourteen years of legal experience in the area of trademark law. Before that, he has global marketing experience for a decade. Masaki Mikami’s blog http://blog.marks-iplaw.jp/

 

Image Credits: JPO

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to email this to a friend (Opens in new window)
  • Click to print (Opens in new window)

Related

Guest contributor may be reached at info@ip-watch.ch.

Creative Commons License"JPO Issues First Decision To Register Sound Trademark Consisting Solely Of Sound Element" by Intellectual Property Watch is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Filed Under: IP Policies, Language, Themes, Venues, Asia/Pacific, Contributors, English, IP Law, Regional Policy, Trademarks/Geographical Indications/Domains

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Email
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • Vimeo
My Tweets

IPW News Briefs

Saudis Seek Alternative Energy Partners Through WIPO Green Program

Chinese IP Officials Complete Study Of UK, European IP Law

Perspectives on the US

In US, No Remedies For Growing IP Infringements

US IP Law – Big Developments On The Horizon In 2019

More perspectives on the US...

Supported Series: Civil Society And TRIPS Flexibilities

Civil Society And TRIPS Flexibilities Series – Translations Now Available

The Myth Of IP Incentives For All Nations – Q&A With Carlos Correa

Read the TRIPS flexibilities series...

Paid Content

Interview With Peter Vanderheyden, CEO Of Article One Partners

More paid content...

IP Delegates in Geneva

  • IP Delegates in Geneva
  • Guide to Geneva-based Public Health and IP Organisations

All Story Categories

Other Languages

  • Français
  • Español
  • 中文
  • اللغة العربية

Archives

  • Archives
  • Monthly Reporter

Staff Access

  • Writers

Sign up for free news alerts

This site uses cookies to help give you the best experience on our website. Cookies enable us to collect information that helps us personalise your experience and improve the functionality and performance of our site. By continuing to read our website, we assume you agree to this, otherwise you can adjust your browser settings. Please read our cookie and Privacy Policy. Our Cookies and Privacy Policy

Copyright © 2021 · Global Policy Reporting

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.