Racing for Sound Trademarks: EUIPO's Verdict on Porsche

On August 25th, 2023, the European Union Intellectual Property Office (EUIPO) declined to recognize the noise of an electric Porsche engine as a sound trademark. 

 

In an era where the auditory experience of an engine's roar can be as emblematic as its visual design, some vehicle and engine manufacturers have embarked on a quest to establish trademarks for the unique sounds emanating from their engines, with a particular focus on the acceleration phase.

The central question at hand, from a legal standpoint, was whether the distinct engine sound of a Porsche during acceleration met the criteria of distinctiveness required for sound trademarks. In essence, could this auditory signature genuinely serve as an indicator of origin in the eyes of the discerning public and the average consumer?

 

The EUIPO's stance on this matter extends beyond the mere audibility of the engine noise. Instead, it delves into the realm of differentiation within the relevant market. According to the EUIPO, "only through extensive market utilization or repeated marketing campaigns can this auditory sign serve as a genuine identifier of commercial origin."

 

While the iconic engine roars of Porsche and Ferrari undoubtedly resonate with their respective brand identities, the EUIPO's verdict suggests that, viewed through the lens of trademark law, these sounds may not possess the requisite level of distinctiveness.

https://euipo.europa.eu/eSearch/#details/trademarks/018795489.

A.S.R