An Analysis Of The New "Trademark Law" Article Eighth Included Sound Branding Necessity

After waiting for more than ten years The People's Republic of China Twelfth National People's Congress the fourth meeting through the newly revised "trademark law of the PRC released August 30, 2013 new trademark law " Any natural person, legal person or other organization's product with others apart including text, graphics, letters, numerals, three-dimensional symbol, color combination all can be used as a trademark application for registration. The amended trademark law of PRC since May 1, 2014 has been officially implemented. In the new trademark law article eighth we finally see the long-awaited "sound branding". Sound branding as a new facebook type If the application for registration should have legal protection in China has been controversial.In today's international trademark legislation and Practice Trademark law legislation of many countries and regions in the world, it has been successively build voice application for registration trademark legal status amendment to China's trademark law and practice with reference. Chinese Trademark Law Article eighth of the newly published on sound branding of that element no doubt it was a convergence with international trademark law well at the same time China intellectual property industry is new span. Sound branding is a type of non traditional trademark. With the development of economy and progress of science and technology a growing number of market participants to try to break the traditional trademark protection situation sound branding as a marketing tool. However, as the characteristics of the sound physical properties, are different from those of non traditional trademark. So the voice registered trademark legislation protection will also have certain drawbacks.This paper just based on this background, and conduct in-depth research from sound trademark legal overview, trademark, the necessity of legalization, sound trademark legal trademark legislation conform to world trends and legislation to protect sound branding may encounter problems for analysis, hope for our future sound trademark legislation perfection and legal protection in practice to provide some reference.