• EMPS

EU Rejects Fizzy Drink Sound Trademark

The sound of a can opening followed by several seconds of fizzing is not a trademark, according to the European Union Intellectual Property Office (EUIPO).

Ardagh Metal Beverage Holdings, a German can manufacturer, had applied to register the noise made by its fizzy drinks cans. The application was rejected on absolute grounds, given it was not deemed distinctive.

In the words of the court, the sound made by a drinks can being opened, followed by a silence of approximately one second and a fizzing sound lasting approximately nine seconds" cannot be a trademark. It is noted there is nothing characteristic about this, since this sound does not depart from the norm or the customs in the sector.

This case is attracting a lot of attention since it's the first decision of its kind around sound trademarks submitted in audio format in the EUIPO. These type of trademarks are accepted bu the European institution since October 2017.


Esquivel & Martin Santos

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