Study On The Registration Problems Of Sound Mark

With the improvement of communication technology, traffic conditions, the international trade development is very rapid, production operator’s competition, the important part as a competitive weapon- trademark effect. Attaches great importance to the international community to trademark, develop multiple international conventions. The signing of the Paris convention, improve the level of the internationalization of trademark; The agreement on trade-related intellectual property rights(TRIPs agreement), promote the development of new trademark and so on sound; The trademark law of Singapore treaty clearer sound trademark should be brought into the scope of registration. The international community, in order to meet the needs of the domestic, in August 2013 in our country has carried on the modification to the trademark law, and allow the voice for registration of trademarks, on May 4, 2014, China Radio International to use 16 years \ "intro\" sound to the trademark bureau to apply for registration, and obtain acceptance, becoming the first man to apply sound trademark in our country. Because our country is a registration system for trademark, unregistered trademarks are difficult to get effective protection of the law. Therefore, it is necessary to delve into the problems of the sound trademark registration and analysis.Compared with the traditional visibility trademark, sound brand is intangible, attachment of electronic equipment, etc, were easily confused so its registration should also be different from the traditional trademark. By comparing the draw lessons from foreign experience and the current law of our country carries on the empirical research, found in the existing sound trademark law has some defects: one is in the substantial requirements of registration, to prohibit censorship rules is not comprehensive, significant standard and similar standards are not comprehensive, solve the problem of conflict with a prior rights provisions are not clear; The second is the registration requirements of the process, there is written expression is not reasonable, fair show retrieval platform problem has not been established.As soon as possible in order to solve the above problems, we should modify and perfect sound trademark related laws and regulations, in particular, substantial requirements for registration problems: one is to change the registered prohibited provisions : the foreign national anthem, and before the representative intergovernmental international organizations use the song. The second is to change the current sound trademark distinctiveness and similar as refinement, \ "coarse\" line standard is more operational. Three is to change the \ "voice\" as a new personality right, the right to apply for the noise of the registered trademark and the \ "voice\", the relationship between the copyright and other prior rights; In view of the requirements of registration process problems: one is to our voice of trademark legislation based on the actual, reasonable sound written expression of trademark registration. The second is to take the time to build the public retrieval system.