Research On Issues About Sound Mark Registration

Sound mark is a representative type of nontraditional marks which has gained wide acceptance from international community while the Revision of Trademark Law of the People’s Republic of China in 2013 also regulated that sound can be used as trademark registration. Though sound mark has obtained legitimacy identity, the most critical registration part has not formulated specific rules in our country, which leads to obscure legal basis in the process of sound mark registration, bringing some difficulties to the registration. In order to solve various problems and improve review standards of sound mark registration, this article are studied from the following aspects.First of all, the author tries to interpret the basic meaning of sound mark in the wake of analyzing its features through comparison with other traditional marks and nontraditional marks and then explains the classification of sound mark. Meanwhile, according to current legal protection of sound mark, some relevant laws and regulations as well as international treaties or conventions from domestic and abroad are analyzed and interpreted.Secondly, from the perspective of substantial elements and formal elements, significant features of sound mark registration are concluded through analysis of the relevant system in the United States, Australia, and the area of Taiwan, etc. It is noted that universal and functional sound can not be registered. In addition, there are mainly three sound mark expressions ways,namely, pattern representation, text representation and mixed representation.Thirdly, problems and deficiency of sound mark registration system in our country are summarized, mainly including lack of significant standards. Besides, there are no specific stipulations of which sound mark shall not be registered among universal and functional sound marks and how to register.Finally, suggestions are put forward on how to establish sound registration system in our country, improve substantial elements of sound mark registration, clarify its significant standards and make restricted and prohibited provisions to the exclusion of certain sounds. Meanwhile, it is necessary to classify formal elements of sound mark registration rules in detail, strengthen the review and management, and make explicit stipulations towards approximate sound marks.