On The Registration System Of Sound Trademark

With the rapid development of market economy, the competition in goods or services industry is becoming increasingly rigorous,common forms of traditional Trademark has been unable to meet the demands of competition.So business operators expected to break the bondage of traditional trademark and actively seeking the innovation of the form of Trademark,so as to attract consumers’ attention and enhance the competitiveness of their brand in the international market.Sound which cannot be restricted by vision can be perceived by consumers unconsciously in an active and continuous way. Compared with the traditional Trademark, the transmission of Sound Trademark slightly restricted by time 、Space and language.Compared with non-traditional Trademarks like smell and taste,Sound Trademark is much easier to get access to objectification and writable under current technology level of expression.Therefore,sound is more exercisable to be registered as Trademark.In short,Sound Trademark is more and more popular with the national enterprises and the relevant public.China has officially brought Sound Trademark into the legal category of the protection of Trademark Rights from May 1,2014,legislative approval is relatively late,so its registration system needs to be perfected.On the registration conditions of Sound Trademark, the legislation of our country should further defined a criteria to judge the "significant" of Sound Trademark.Add special provisions of "functional" sound and "versatility" sound.On the "similarity" cognizance of Trademark ’s registration review,different people apperceive the same sound differently,so the applicant should adopt a appropriate written expression to document Sound Trademark,in order to let the reviewers judge whether Sound Trademark constitutes similarity. The written expression of Sound Trademark at home and abroad includes: the map expression, the text expression, the mixed expression, and more, requiring to provide the appropriate sound samples. The three kinds of expression way each has advantages and disadvantages,all have strong enlightenment function to our country. About how to perfect the expression way of Sound Trademark of our country may refer to the following Suggestions:cancel the single text expression,about the Sound Trademark of unable to sign with the staff or numbered musical notation can use the sound spectrum to express; defined the "map + text + sound samples" type of mixed expression way; Allow to complete sound trademark registration in electronic application way, and specificate the format and size of the sound samples.In short, not only the mature and perfect registration system of Sound Trademark is the foundation of promoting the development and popularization of Sound Trademark in China, but also is the need of acting on international trend and strengthening of the comprehensive protection of Trademarks in China.