After the company Ardagh Metal Beverage Holdings submitted a petition to the Court of Justice of the European Union (CJEU) to register as a sound mark the unique sound emitted by beverage cans and metal containers when opened, it ruled that said element lacks distinctive character.

And it is that the multinational had planned to present such an application for the registration of a sound sign as a trademark before the European Union Intellectual Property Office (EUIPO), offering as evidence a nine-second auditory file in which the characteristic sound could be heard. that is perceived when a can of drink or a metallic container is opened, followed by a small silence and a bubbling. 

However, the European Court concluded that “The opening of a can or a bottle is intrinsic to a technical solution linked to the manipulation of beverages to consume them, so that sound is not perceived as an indication of the commercial origin of said products”. 

Likewise, the ruling indicates that the sound elements and the silence of a second that make up the piece that the European company wanted to register, do not have any intrinsic characteristic that allows consumers to recognize and perceive it as an indication of the commercial origin of the products that have acquired, it also highlights that a sound sign must be strong enough to ensure that when a consumer opens a can he is able to establish a direct link with the commercial origin of the sound without the need to combine it with other word or figurative elements. 

Finally, the German company can appeal to the European Court of Justice, however, it is worth remembering that in the 1990s, motorcycle manufacturer Harley Davidson failed to get the roar of its engines registered as a sound mark.