Study On The Difficulties And Countermeasures In Sound Mark Protection Of China

Since the new Trademark Law of our country was put into effect on Mayl,2014,the scope of our trademark registration had broken through the traditional shackles of visibility,the non-traditional form of trademark—sound,has been included in the scope of trademarks that could be registered.On December 6,2016,the first administrative rejection case of sound mark of China-the case of "DIDIDIDIDIDI" sound mark of Tencent QQ had been called in court in Beijing.Thereout,sound mark had been brought into the scope of legal registration and moved on to judicial practice.However,there are not sufficient practices of the registration of sound mark in China,the registration of sound mark is still at the stage of exploration,the cognition of infringement act are still blind spots to us.Therefore,we need to offer some feasible suggestions on the protection of sound mark of China,by combining the existing patterns of registration of other countries and referring to the judicial practice of registration of traditional trademark.Thereinto,our difficulties in sound mark protection mainly focus on the standard of registration essentials,and the standard of the cognizance of the infringements.In view of this,this article will put forward some countermeasures so as to improve and perfect the China's legal system of trademark protection system.In addition to the preface,this paper is divided into four chapters.The first chapter raises the difficulties in sound mark protection by two relevant cases,especially raises the difficult problems by two cases.The second chapter starts with the registering situation of America,European Union,Australia,Japan and China,specifically analyzes the difficulties in registration qualifications of sound mark,in from the angles of procedural qualification and essential qualification.The third chapter analyses the difficulties in the cognizance of infringements of sound mark,mainly including the possibility of confusion and dilution as well as the conflict with copyright.The forth chapter makes some suggestions respectively on the registration system and the cognizance of infringements in sound mark protection.