header-logo header-logo

Tarzan yell falls flat

06 December 2007 / Jane Foulser McFarlane
Issue: 7300 / Categories: Features , Intellectual property
printer mail-detail

Jane Foulser McFarlane pinpoints the best way of successfully registering a sound as a trade mark

An application made by the literary estate of Tarzan author, Edgar Rice Burroughs, to register the famous Tarzan yell as a trade mark has recently been rejected by the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM).

The application to register the trade mark has apparently been in the court arena for the past 10 years, and following the recent decision of the OHIM, the author’s estate has issued a fresh application, which now includes a sound file. MGM is also attempting to register as a trade mark the lion’s roar which is heard in the opening credits of its films. So, when can a sound be successfully registered as a trade mark?

A trade mark is defined in the Trade Marks Act 1994 (TMA 1994), s 1 as any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll