Recently, the European Union Intellectual Property Office has strengthened its criteria for the registration of sound marks, focusing mainly on the distinctiveness of the sound.
Currently, only applications that present the sound by means of an audio file or a representation in musical notation are accepted, eliminating formats such as sonograms. However, many applications have been rejected for not meeting the distinctiveness requirements: very simple sounds, such as musical pieces of one or two notes; generic or common sounds; or compositions that are too long. Regarding these criteria, the EUIPO has stressed that the consumer does not perceive these sounds as signs indicating the business origin of the goods or services, which prevents their registration.
In Colombia, sound marks are admitted, and their registration follows more restrictive criteria. To register a sound mark, an audio file must be submitted and, when possible, a musical score. A sonogram or spectrogram must also accompany the application. As in other countries, the CTO recognizes that not all sounds can meet the distinctiveness criterion, so in order to be registered, sound marks must be easily associated with a product or service and a respective business origin.
