Research On The Registration Problems Of Sound Trademark

Now, trademark has become an important factor in the competition between enterprises. Apple’s trademark worth ＄98 billion, GOOGLE’s trademark worth＄93 billion, COCO-COLA’s trademark worth $79 billion, the price of these trademarks tell us:This is a trademark of the era. In the information explosion today, how to effectively won the attention of consumers has become a big problem and various forms of non conventional trademarks emerges with the tide of the times, such as trademark sound, scent marks, touch trademark and so on. Adaptation time development request, trademark law of the people’s Republic of China in 2014 the third revision sound trademark officially included in the scope of protection of trademark law, clearly defined the legal status of the trademark sound, this is in China for the first time that non visual trademark. With China’s first sound trademark through the first trial, officially opened the voice of the history of the protection of trademark registration curtain.Compared with many countries in the world, our country’s legislation on the sound trademark is relatively late. As early as China’s "trademark law" before the revision of the trademark law, the United States trademark law, the United States trademark law, the European Union trademark law, the Australian trademark law and so on, made a special provisions on the registration of sound. At present, China has initially established the sound trademark registration system, established a sound trademark examination in the form of review and substantive review of the standards, but in the system still exist some defects to be improved, such as the lack of non musical sound trademark pattern expression requirements and regulations do not pre register sound use of time and not explicitly registered on the prohibition of the functional sounds.The structure of this paper is as follows:firstly, this paper expounds the basic theory of sound trademark. The concept, characteristics, types and the basic theory of the system of the registration system of sound trademark are analyzed and studied. The research of basic theory can help us to better grasp the sound trademark, and lay the theoretical foundation for the study of the sound trademark registration system; secondly, the comparative study of foreign sound trademark registration system. It analyzes contrast the international treaty, the countries of the European Union, the United States, Australia and China’s Taiwan and Hong Kong sound trademark registration system; thirdly, in analysis on the basis of China’s trademark sound legal regulation and registration review standard and points out the defects of the still existing in our country’s trademark registration system. Finally, it puts forward the measures for the improvement of the trademark sound registration system in our country.