Amicus Brief

Shield Mark v. J. Kist

Published: November 1, 2001

Court

European Court of Justice

Our Position

Under European trademark law, a sound, under appropriate factual circumstances, can function as a trademark.

Outcome

The Court ruled that sounds may function as trademarks, provided they are capable of distinguishing the goods and services of one undertaking from another and are capable of being represented graphically.

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