Study On Legal Protection Of Audio Branding

Close connection has been found between the progress of human society and the development of social economy. In general, the elements of traditional brands are limited to graphics, letters, characters, and the like. However, as the commodity economy develops, the senses that are involved have become diversified. In the past, visual sense is the only factor to be considered, while now other senses like smelling, taste, feeling and hearing are all taken into consideration. Advantages of these non-traditional brands include:they can impress the consumers by the feeling of freshness make the products look more attractive, arouse the consumers’curiosity and bring the enterprises high economic interests. As a representative of non-traditional brands, sound branding has already received wide acceptation in the world. In China, definition of the term has been clarified. And all sonic brandings covered by the term are protected by Chinese Trademark Act. As it is for the first time that a non-traditional trademark has been discussed in the law, it is also referential to future protection of the other kinds. In this paper, development of and protection for sound branding and references from other countries and districts are studied. And on the basis of the existing problems in the legislative field, related suggestions are proposed.The present paper includes three parts:introduction, the main body and conclusion, among which the main body is subdivided into four chapters.Chapter One:Definition and classification of branding are clarified first. And then concept and features of audio branding are interpreted.Chapter Two:After the analysis of the beginning and development of Chinese sound branding and the existing problems in the area, a conclusion is drawn that legal protection of sound brandings is an inevitable result of commercial activities.Chapter Three:A general introduction to the legislation practices abroad is made, which is also highlighting to China on improving the legal protection of audio brandings.Chapter Four:Legal protection for audio branding is comparatively late in China. Though published, the new act, in terms of its major body, is relatively obscure and lack of detailed rules and regulations. Therefore, a series of suggestions are proposed here for the improvement of the act.