On Legal Protection Of Sound Trademark

With the rapid development of economy and society and the continuous improvement of science and technology,there will inevitably be some emerging things.Sound trademarks are emerging things that have been gradually accepted by the public with the development of television,radio,Internet and related electronic products.The appearance of sound trademarks puts forward new requirements for the improvement of our legal protection system,which requires us to further revise the trademark law and bring it into the protection scope of the trademark law for protection.A sound attached to a good or service and clearly identifying the source of the good or service can be registered as a sound trademark and protected by law.The new trademark law was implemented in China on May 1,2014,which cancelled the requirement of "visibility" of traditional trademark registration elements,marking a new beginning for the legal protection of sound trademarks in China.However,this law only makes a general description to a certain extent in terms of the provisions on sound trademarks,but does not make detailed provisions on the registration review,significance judgment,infringement judgment and other issues of sound trademarks.Therefore,to further improve the legal protection system of sound trademarks will provide a positive reference value for the future legal protection of other non-visibility trademarks.It can provide a lot of practical experience to further improve China’s trademark legal protection system has an immeasurable role.This paper consists of three parts: preface,text and conclusion.Chapter one: introduces the basic theory of sound trademark.From its origin,concept and classification,it gradually guides the particularity of sound trademark which is different from traditional trademark,that is,invisibility,dynamic and dependence.Chapter two: mainly analyzes the current situation of legal protection of sound trademarks at home and abroad.Protection from legislation present situation,the sound trademark registration,trademark distinctiveness regulation of European and American countries,China’s Taiwan,Hong Kong and mainland China comparative analysis of the present situation and problems of the protection of the summary of the advanced idea and excellent protection measures,so as to form can be used for reference in our country’s effective way to learn and improve.For example,the regulations of the United States on the examination procedures for the registration of sound trademarks,the trial experience of the European Union on infringement cases of sound trademarks,and the recognition of Australia’s standards on the significance of sound trademarks.The third chapter: the main analysis of China’s protection of sound trademarks shortcomings.First of all,there are deficiencies in the registration review in ourcountry.At present,there are mainly forms of review in the registration review in our country.Secondly,there are deficiencies in the criteria for determining the significance of sound trademarks in China.The main problem is that the trademark examination and verification institutions are not accurate enough in determining the significance of sound trademarks.Finally is our country in the aspect of sound trademark infringement judgment standard,the main problem is that our country to the provisions of the trademark infringement behavior and decision criteria not refined,for it is difficult to distinguish and punishment of the infringement,this chapter tries to through the analysis of the above three aspects of research,to find a way to improve sound trademark legal protection in our country and method;Chapter four: based on the problems found in chapter three,the author puts forward three Suggestions for improvement.The second is to define the criteria for judging the significance of sound trademarks,specify the manifestation of the significance of sound trademarks,and define the limitations of functional sound and universal sound.The third is to clarify the identification criteria for the similarity and confusion of sound trademarks,improve the remedy channels for infringement of sound trademarks,and formulate corresponding penalties for infringement.