Porsche’s Sound Trademark Appeal: A Battle of Electric Car Acoustics
In the rapidly evolving world of electric vehicles (EVs), car manufacturers are racing to perfect the technology and the auditory experience. With the calm acceleration of EVs, the industry has turned to artificial sounds to alert pedestrians and create a unique brand identity. One such innovator, Porsche, known for its iconic sports cars, embarked on the journey to craft a distinct sound for its EVs. However, their recent efforts hit a roadblock when European Trademark authorities rejected their sound Trademark Application, deeming it unmemorable. Porsche is revving its legal engines to prove their engineered sound deserves recognition.
Porsche’s quest began in November 2022 when they submitted a distinctive sound meant to replace the near-silence of an electric vehicle accelerating. While Porsche’s unique creation may remind some of everyday sounds like a vacuum cleaner or a VHS tape rewinding, the motivation behind these sound Trademarks goes beyond whimsy. Car-makers must ensure that vision-impaired pedestrians can readily identify approaching electric vehicles by sound. However, the European Union Intellectual Property Office (EUIPO) needed to be convinced, citing a lack of distinctiveness and memorability as grounds for rejection.
EUIPO went further, contending that Porsche’s sound imitation too closely resembled a traditional internal combustion engine’s roar, making it indistinguishable as a Porsche. In the world of IP, the question wasn’t about realism but rather the sound’s ability to set Porsche apart from its competitors. Porsche countered, emphasizing that the sound was a deliberate creation, a product of ingenuity that extended beyond mere imitation.
Porsche also drew parallels to iconic sound trademarks like the Lightsabers from Star Wars and KITT‘s scanner from the Knight Rider television series, highlighting that simplicity didn’t diminish their memorability. They also pointed out a precedent set by their rival, BMW, which secured approval for a fake acceleration sound as a sound Trademark made by an Academy Award-winner Hans Zimmer.
The appeal now rests on the fine line between uniqueness and memorability. Will Porsche’s engineered sound earn its rightful place in the EV soundscape, or will it be forever silenced in the world of sound Trademarks? As the battle unfolds, Porsche’s appeal sets a notable precedent for the legal recognition of sound in the realm of Intellectual Property. Please stay tuned for more updates on this case as we witness the intersection of automotive innovation and Intellectual Property rights.
In Indonesia, registering sounds as Trademarks is also common. For example, we have Tokopedia, Walls, Mamypoko, and Netflix with its “ta-dum” already registered in the Indonesian Trademark Office (Directorate General Intellectual Property/ DGIP). The registration is somewhat different because it is included in the non-traditional Trademark category, namely by providing a more detailed description. It must consist of a sound recording accompanied by a notation or sonogram (visualization of the sound resulting from ultrasonic examination).
Should you require further consultation regarding Sound Trademark registration in Indonesia or abroad, please contact us at [email protected].
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