Duracell Can Register Three-Note Sound Trademark, Board Says

Duracell’s three-note “slamtone” can be registered as a trademark because it qualifies as a “display associated with” its batteries rather than “mere advertising,” a trademark tribunal said Monday.

The examples of use—specimens—provided by Duracell US Operations Inc. show the sound being used to attract attention and induce sales, the Trial and Trademark Appeal Board said as it reversed an examiner’s refusal. Unlike most advertising, Duracell was using the tone at retail locations where consumers might encounter their products.

The precedential opinion noted that while marks had to be placed on goods, packaging or “displays associated therewith,” an appeals court has ...