When engineers at Porsche created a futuristic roaring engine sound for their electric cars they were so proud they even compared it to the magnificent opening bars of Beethoven’s 5th Symphony.
But, the German luxury car company has failed to get a European-wide trademark for the sound after being told the artificial and synthesised tone is nothing like Ludwig Van Beethoven’s masterpiece.
The application was rejected because the sound, which combines the acceleration noise of a finely tuned high performance engine culminating in a purr of electrical energy, “appears simple, without complexity or distinctiveness” and was not generated by the electrical vehicle itself.
The move will be disappointing for Porsche after BMW earlier had a European-wide “sound mark” – a trademark for a specific series of notes or distinctive sound – registered for one of its electric vehicles.
Porsche applied to the European Intellectual Property Office to trademark its sound claiming it was “enough to evoke recognition” of its world famous brand. Its legal papers said the “sound is futuristic, melodious, and has a certain tempo as well as motives and dynamics”.
They added how the noise, which includes “constant dark sound”, is a “wave-like sequence of notes that describes the course of the melody and is made up of three motifs”.
The car company’s application, which was submitted with the sound file, adds: “The sequence of sounds combines the typical features of a musical composition, namely dynamics structure and different pitches, and brings them together to create a memorable and unusual sound.
“The sound attracts the attention of the traffic addressed and this is remembered due to the unusual composition.”
Since 2019, electric cars in the UK that are too quiet have to be fitted with a “noise system” so pedestrians can hear them.
Porsche went on to compare the engine sound to other short but famous sounds.
“There are numerous examples that prove how just a few bars or tones are enough to evoke recognition, such as the four tones of the opening motif of Beethoven’s 5th Symphony, the sound of KITT’s scanner from the Knight Rider television series, or the sound of the Lightsabers from the Star Wars film series.”
The sound, which is registered as a “sound mark” in Germany, was listed to be used for a variety of products, including real, model or toy cars.
But the EU Intellectual Property Office concluded that the “electronically generated synthesised sound [which] reproduces the growing noise of an accelerating engine until it reaches cruising speed” was not distinctive enough and could be applied to a “variety of vehicles or their replicas” and brands.
It adds: “However, the mark applied for is not a musical composition. It would therefore be irrelevant in the present case to compare the artificially created tone sequence to the trademark application with a symphony by Beethoven.
“The reference to the well known sounds from series and films of our childhood or youth would be correct, but no longer really relevant in today’s world.
“The choice of television programming of the 80’s or 90’s was limited, numerous repetitions of the same programme were inevitable and the sounds referred to by the applicant were ubiquitous and had a great effect on the youth of the time.”
They conclude that “the sound is not generated by the vehicles themselves, but is artificially created, futuristic sound”, adding: “The fact that the vehicles themselves do not produce that sound may be known to consumers, but in no way gives them the ability to distinguish the application’s goods and services from similar ones offered by other companies.”
Porsche did not respond to a request for a comment.
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September 02, 2023 at 07:58PM
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Porsche fails to get European-wide trademark for electric car sound - The Telegraph
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