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Recent Development Regarding the EU's Sound Trademark

Publikace na Právnická fakulta |
2021

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Almost 17 years passed since the ECJ judgement in case C-283/01, which first time in history of EU trademarks law set basic requirements for registering the sound trademark. The conclusion of the judgement was that such a registration requires precise graphical representation of a sound.

Nonetheless, as of 2017 the EU trademark law has undergone a revolution suddenly allowing all kinds of trademarks, including sound, without the requirement of graphical representation. On 7th June 2021, the ECJ has ruled for the first time since the new trademark directive on the sound trademark submitted to the European Union Intellectual Property Office as an audio file evaluating which sound could be eligible for registration and what prerequisite should the sound fulfil.

Yet, it is still not clear whether the ECJ has answered all the essential questions or if the ruling is not determining yet more impossible criteria.