Research On The Recognition Of Voice Trademark In China

Voice trademark is a product of the times.The newly revised Trademark Law of China in May 2014 regards sound as a registrable trademark,which is the need of the development of the times and also to adapt to the economic development situation of our country.Although the legislation has established the legal status of sound trademark,the substantive problems of the prominence of sound trademark and the ways of expression of sound logo have not been well solved in practice.There is no uniform standard and fixed paradigm,which brings great cost to trademark application and management in production and practice.The purpose of this paper is to learn from foreign experience,to fully understand the domestic legal status quo and potential problems and find corresponding countermeasures.In addition to the rationality and legitimacy of the registration of sound trademarks in theory,we should also consider the practicability of registration applications in practice.This paper uses data analysis method to analyze the legislation and practice of major countries and regions,in which to find the theoretical basis and support;use comparative analysis method to summarize and compare the feasibility and advantages and disadvantages of various legislation;use case analysis method combined with practice to test the feasibility of sound trademark legislation.Through research and analysis,this paper summarizes the shortcomings of voice trademark registration in China,and puts forward solutions to the problems.This paper consists of four parts.The first part introduces the basic theory of the legal system of sound trademark,and expounds the necessity of studying the essential elements of sound trademark from two aspects: the registration protection of sound trademark and the identification of the essential elements when it is registered.It also introduces the specific content and the natural state of the essential elements of sound trademark when it is registered and recognized.The second part is about the system and experience of foreign auditory trademark registration requirements review.Starting with the examination and study of the registration requirements of voice trademarks abroad,this paper deeplyunderstands the essential status of China’s substantive requirements by analyzing the substantive requirements of the United States,the European Union,Germany,Australia and other countries as well as the development of the legal system of voice trademarks.The third part is the current situation of the registration of sound trademarks in China.The purpose of this paper is to find out the problems and reasons of the legal system in the registration of sound trademarks by analyzing the specific problems of the essential elements of the registration of sound trademarks in China.The fourth part is about the improvement of the substantive requirements for the registration of sound trademarks in China.Starting from the aforementioned contents,this paper makes a summary and sublimation of the research.In view of the third part of the voice trademark registration in China’s legal system,make corresponding countermeasures and suggestions.