Research On The Identification Of The Distinctiveness Of Sound Trademarks

Trademark is an important chip in the competition between enterprises,especially in the fierce market competition today.How to make the brand stand out in the market has become a big problem.In order to meet the market demand,many enterprises no longer stick to the traditional forms of graphics,words,and so on,and began to develop non-traditional trademarks such as voice and smell.In order to comply with this development trend,our country clearly puts the sound trademark into the scope of trademark protection,but the sound trademark is still in its infancy in our country.Although it has been stipulated in the trademark law,the regulations for the implementation of the trademark law and the standards for trademark review and trial,the relevant regulations and system design are not so perfect,especially in the sound trademark.There are many problems in legislation and practice in the identification of significance.This paper mainly studies the recognition of the significance of sound trademark.First of all,from the basic issues of sound trademark,this paper introduces the significance of sound trademark.Secondly,by using the method of case analysis,several problems existing in the recognition of the significance of sound trademarks in China are reflected from typical cases,such as the lack of general and functional voice registration restrictions,the lack of unified expression form of sound trademarks,the unclear recognition standard of the significance of sound trademarks,the difficulty in obtaining the "second meaning" of sound trademarks,and the special recognition of the significance of sound trademarks Lack of professionalism.Thirdly,by comparing and analyzing the legal provisions of the four countries and regions,such as the United States,the European Union,Australia,Taiwan in China,the paper identifies the legal distinctiveness of the sound trademarks,"extracts the essence and the dross",sums up the experiences and lessons,and puts forward the excellent practices that our country can learn from.Finally,some suggestions are put forward to improve the recognition system of sound trademark significance in China,that is,to clearly restrict the registration of universal and functional voice,to standardize the expression form of sound trademark,to establish the recognition standard of sound trademark significance,to clarify the examination standard of "second meaning" of sound trademark,and to improve theprofessional and technical conditions for the recognition of sound trademark significance.