Case C-265/09 P, OHIM v Borco, [2010] ECR I-08265, See Paragraphs 42 and 44: “[the OHIM] Argues That the Average Consumer Is a Legal Concept and That the Examination of the Distinctive Character of a Sign Must Be Carried Out Independently of Any Actual Use of That Sign on the Market.

has been cited by the following article:

• TITLE: From Audio Branding to Sound Trademark: A Comparative Study in the EU and the US

  AUTHORS: Xinyu Zhang

  KEYWORDS: Audio Branding, Registration, Sound Trademark

  JOURNAL NAME: Beijing Law Review, Vol.12 No.2, April 26, 2021

  ABSTRACT: Audio branding generates high profit when it becomes a famous trademark, thus, the registration and protection of trademark is of great significance. The EU and US admitted sound trademark in advance. To analyze the criterion of registration in those two jurisdictions can provide useful legislative experience for the study of sound trademark. Based on the comparative study, we thus can identify critical factors which influence an audio branding becomes a sound trademark.