There is only one His Master’s Voice logo

His Master’s Voice is known as a record label, an international music retail chain, but above all for its legendary logo featuring a dog and a gramophone—a visual that has become iconic in representing sound recordings and the music industry.

The dog, Nipper, is listening to the voice of his deceased master playing through the gramophone—hence the name His Master’s Voice. His Master’s Voice is a registered trademark.

Talisman Brands Inc., the owner of the trademark, opposed the application for the following European figurative mark filed by applicant Yong Feng from Hong Kong:

Talisman Brands is certain: there is a likelihood of confusion. The company filed an opposition based on its two French figurative marks:

The first mark is registered for clothing and accessories, and the second for both clothing and accessories, as well as electronic audio and video products such as MP3 players and radios. The contested mark was applied for electronic and digital goods such as audiovisual equipment, computers, software, and camera lenses, as well as clothing and accessories. The Opposition Division of the European Union Intellectual Property Office (EUIPO) ruled that the goods are in part identical, partly similar, and partly dissimilar.

The similarities between the first earlier mark and the contested mark are, according to the EUIPO, unmistakable: the signs are visually highly alike. Consider the vintage gramophone facing right and the dog with black ears and nose, sitting on its hind legs. While there are minor stylistic differences, these are largely overshadowed by the strikingly similar visual elements. Although the words HIS MASTER’S VOICE and VICTOR—the verbal components of the second earlier mark—are not present in the contested mark, their impact is limited due to the dominant and nearly identical visual element. The second earlier mark and the contested mark are considered visually moderately similar.

In terms of conceptual meaning, the applied-for mark and the earlier marks are identical, particularly due to the presence of the gramophone and the dog. Although the second earlier mark also includes the words His Master’s Voice and Victor, these verbal elements do not create enough conceptual distance between the signs.

The Opposition Division concludes that, due to the use of identical visual elements, consumers are likely to perceive the earlier marks and the contested mark as indications of goods originating from the same or economically linked undertakings. What this means? A likelihood of confusion—the application of the Hong Kong applicant is rejected for the goods that are identical or similar to those covered by the earlier marks.

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.