2 seconds
Jingle as
sound mark.
2 seconds
Jingle as
sound mark.
from
Can a two-second jingle really be a trademark? Or is it just a banal noise? The General Court of the European Union has ruled in favor of the Berlin transport company – with a remarkable result.
What is it all about?
Berliner Verkehrsbetriebe (BVG) wanted to register its characteristic BVG jingle as a European Union trademark – more precisely: as a sound mark. The jingle is two seconds long(audio file of the trademark applied for).
The EUIPO rejected the application: The sound was “too short, too banal and unrecognizable”. The Opposition Division also ruled against BVG. The BVG jingle consisted of only four simple tones that hardly produced any resonance. According to the authority, such short sounds typically only serve functional purposes in the transport sector – for example as a signal before loudspeaker announcements. The sound is too simple, too short, too irrelevant to stick in the consumer’s mind. In other words: too little trademark, too much background noise.
The BVG did not give up and brought an action before the General Court of the European Union (EGC).
Decision of the court on the jingle
The General Court of the European Union annulled the Judgment of 10.09.2025 – Ref. T-288/24 annulled the EUIPO’s decision. According to the Luxembourg judges, the Office had interpreted the requirements for distinctiveness too strictly.
Neither the duration of the trademark applied for nor its alleged “simplicity” or “banality” preclude recognition of the corresponding melody.
The court clarified that a short and concise jingle can be memorable precisely because of its simplicity. The decisive factor is not the length, but the ability to be perceived by the audience as an indication of origin.
The judges also referred to the increasing use of jingles in the transportation sector – for example by Deutsche Bahn or Munich Airport – and saw this as a clear indication that consumers do identify such sounds as trademarks.
Significance for practice
This ruling is not only good news for the BVG, but also an important sign for companies that are increasingly using acoustic elements to convey their brand identity. In times when customers often perceive trademarks via voice assistants, apps or commercials, the importance of so-called sonic brands is growing. The EGC takes this development into account by interpreting the legal framework for sonic brands more generously and adapting it to the reality of modern brand communication.
In practice, this means that a sound can be distinctive even if it only consists of a few tones. The decisive factor is that it is not perceived by the public as purely functional, but as characteristic. When registering a sound mark, companies should therefore ensure that the sound is neither too technical nor can it be confused with typical ambient sounds. It is also advisable to analyze trademarks already registered in the respective sector – such as the sound logos of other transport companies in the present case – in order to anticipate the decision-making practice of the EUIPO.
With this decision, the court also made it clear that the requirements for the distinctiveness of sound marks must not be excessive. A “minimum” is sufficient to overcome the obstacle to registration. This may sound like legal restraint, but is in fact a realistic adjustment to creative practice. In future, the EUIPO will have to examine more closely whether a sound mark is actually banal or, as in the case of the BVG, carries a clearly recognizable trademark message.
Conclusion
With this decision, the court has made it clear that the requirements for the distinctiveness of sound marks must not be excessive. A “minimum” is sufficient to overcome the ground for refusal.
This sounds like legal restraint, but is in fact a realistic adaptation to creative practice. In future, the EUIPO will have to examine more closely whether a sound mark is actually merely banal – or whether, as in the case of the BVG, it carries a clearly recognizable trademark message.
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