If a sound is able to serve the function of a trademark, why shouldn’t the owner of the sound mark be permitted to register it?
Many jurisdictions have accepted the premise that sounds are able to function as trademarks and have allowed for the registration of sound marks. These countries have either interpreted their existing trademark law in such a way as to allow for the registration of sound marks or have amended their legislation to make it possible. Unfortunately, the registration of sound marks is currently not an option in Canada.
However, the question of whether and how sound marks can be registered in Canada has finally been put to the Federal Court in Canada by Metro-Goldwyn-Mayer Studios Inc. (MGM).
MGM, the producer and distributor of major motion pictures, applied to register the famous and distinctive roar of the lion that appears at the start of its movies. The application was filed in October 1992 and was in prosecution for 18 years until finally the Canadian Intellectual Property Office (CIPO) rejected the application based on a technicality, which is now the subject of an appeal before the court.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
sound marks, Canada