Recusada patente ao grito de Tarzan?!

«Tarzan yell must be written in music for trade mark registration
OUT-LAW News, 30/10/2007

Tarzan’s distinctive yell cannot be registered as a trade mark because it is almost impossible to represent graphically. Sounds can be registered as trade marks, but the ruling could limit that to sounds that can be written in standard musical notation.

Tarzan was created by Edgar Rice Burroughs and the application to register as a trade mark the sound of the jungle resident’s scream was made by Edgar Rice Burroughs Incorporated. The Office for Harmonisation in the Internal Market (OHIM) refused the application on appeal.

The application had included two pictures said to represent the sound of Tarzan’s call, one an image of a wave form representation of the sound, the other a spectrogram of the frequencies of the yell.

“What has been filed as a graphic representation is from the outset not capable of serving as a graphic representation of the applied-for sound,” said the OHIM ruling. “The examiner was therefore correct to refuse the attribution of a filing date.”...»

Não é passível de ser registado graficamente? Mas o meu pode: WHEN THE HELL HAPPENS THE 1ST. JANUARY?