UEFA claims Champions League and Conference League anthems

UEFA is no stranger to securing intellectual property that goes beyond just logos and names.

The European trademark register already includes registered trademarks such as trophies, footballs, slogans and mascots. Recently, UEFA filed trademark applications for the anthems of the Champions League and the Conference League using MP3 files. UEFA clearly wants to keep its tournament experience exclusive.

A trademark application must be sufficiently clear and precise perceivable in order to be accepted. Nowadays, sound marks can be registered in multiple ways: a musical notation (staff) will do, but so will an audio (MP3) file.

To qualify for trademark protection, a sound must have distinctive character and be clearly and precisely defined. In 2020, The Football Association Premier League attempted to register a 42-second audio fragment as a trademark, but this application was rejected. The fragment was deemed too long and more likely to be perceived as background music—lacking distinctiveness. The same applied to a two-second sound clip submitted by BVG, the public transport company in Berlin. The clip was considered too short and too simple to function as a source identifier. The sound lacked distinctiveness compared to other basic tones.

Another failed attempt: the sound of a can being opened, followed by a moment of silence and the fizzing noise of a drink, submitted by can producer Ardagh Metal Beverage (link). The application was rejected because the sound was seen as too technical and functional, being inextricably linked to the act of opening a can. Once again, the requirement for distinctiveness was not met.

On the other hand, some iconic sounds have made the cut. The roar of Tarzan has been successfully registered as a trademark (link), as has the legendary lion’s roar of film company MGM (link).

UEFA’s anthem applications have now been accepted by the European Union Intellectual Property Office. If no opposition is filed, UEFA will soon be able to add two more registrations to its already impressive IP portfolio.

Author: Erwin Haüer

Bio: Erwin is a trademark attorney and, as the managing partner, in charge of IT and Information Management. He works extensively with startups and scale-ups, while his clientele also includes numerous multinational corporations. Erwin possesses a sharp wit and a keen eye for remarkable trademark news and curious brand infringements.