Is ‘Johnny Johnny, Yes Papa’ a sound mark?
‘Johnny Johnny, Yes Papa’ is a familiar phenomenon to many people.
This children’s song is about a little boy called Johnny, whose father catches him eating sugar, even though he is not allowed to. There are many different versions of the children’s song, each with a different theme.
The text is usually sung to the tune "Twinkle, Twinkle, Little Star". The most famous version of the song goes:
Johnny, Johnny.
Yes, Papa?
Eating sugar?
No, Papa.
Telling lies?
No, Papa.
Open your mouth
Ha! Ha! Ha!
In 2018 the song became an internet sensation, generating millions of views on YouTube and ‘X’ (formerly known as Twitter). But few people are aware that it is actually an old song that has been around since at least 1980.
Recently, a European trademark application was filed for the first 39 seconds of a sound clip of ‘Johnny Johnny, Yes Papa’. The sound mark application was filed for toys, cartoons and apps, among others. Unfortunately, the application ran into problems: it was rejected for every product and service for which it was filed.
Why was it rejected? First of all, the European Trademarks Office considered the 39-second sound clip too long for use as a trademark. It also stated that the clip lacks an immediately recognisable melodic structure, as it consists merely of a simple, repetitive motif that is commonly found in all kinds of cartoons, films and songs. Furthermore, this song is already in widespread use, rendering it unsuitable for use as a mark to distinguish the goods and services of a single party.
The moral of the story is that it is crucial to ensure that your sound mark has a distinctive sound clip. A popular internet meme is often shared and used by numerous people, which means that it is very difficult to use it to distinguish one specific party in the market.
Are you using a catchy sound clip in your branding and want to find out how to protect it? Get in touch with our trademark attorneys!
Author: Matthias Van Den Broek
Bio: Matthias van den Broek is a trademark attorney and specialist in advising in online brand protection and domain name disputes. His client portfolio includes well-known names in the financial sector, ranging from crypto startups to market makers. Matthias enjoys writing about current intellectual property issues, with an affinity for design law.