Sport & Trademarks 3 – Sound trade-marks: How sounds can be protected in sport

What are sound marks?

Many are familiar with the distinctive sounds of Audi or VW that are heard at the end of a commercial. But only very few know that these are registered and protected trademarks.

Trademarks are not limited to words or logos – in the EU and many other jurisdictions, sounds can also be protected if they are distinctive and clearly identifiable.

A sound mark (or acoustic mark) refers to a sound sequence that can serve to identify the commercial origin of goods or services. In the world of sport – where emotions, recognition and branding are central – sound marks are becoming increasingly relevant. 

Sound marks in the EU

“The champions, The best, Les grandes équipes, The champions”

Anyone familiar with these lyrics will know that they originate from the most famous sports anthem in the world - the UEFA Champions League anthem.

The latest version of the anthem was registered only this month at the European Intellectual Property Office (EUIPO) under the number 019142733 in the trademark register, where the sound mark can also be played.

There are other sound marks from the sports sector also registered with the EUIPO:

• 019142794 (UEFA)
• 019059043 (World Rugby Events)
• 018337851 (The FA Premier League)

How can sounds be protected?

In the EU, sound marks can be registered with the EUIPO as an audio file or through the exact reproduction of the sound in musical notation. 

The key requirement is distinctiveness – the sound must be perceived as recognisable, which indicates that the goods or services are exclusively associated with a particular company. A sound must have a "certain resonance" that enables the public to perceive and regard it as a trademark.

Obstacles to protection

Not every sound is eligible for trademark protection. Common barriers include:

• Lack of distinctiveness: Generic crowd noise, standard whistles or descriptive sounds (e.g. a cheering crowd) are unlikely to be accepted.
• Technical function: Sounds that result directly from the function of a product (e.g. the bounce of a basketball) cannot be protected.
• Sounds in the public domain: For example, national anthems whose copyrights have become public domain.
• Length: Sounds that are too long to be considered as an indication of origin.

Conclusion

Sound trademarks offer athletes, clubs and associations a creative and emotional way to expand their brand presence – but their protection requires strategic planning and a high degree of originality. Especially in sport, where emotions are loud and unique moments matter, sound can become a powerful brand signal – if legally protected in time.

author: Bernhard Schmidt