Research On Legal Issues Of Sound Trademark

Along with the continuous development of economy,science and technology,a series of non-traditional trademarks,as the trademarks composes of sound,color,three-dimensional mark and dynamic pattern,are so widely used in practice that need to be regulated by law.Sound trademark is legal and able to be registered since the revision of the Trademark Law of the People's Republic of China in 2014.But the regions like Europe and the United States have had relatively legislation and practical experience of sound trademark since the 1990 s.Though the opening song of China Radio International is the first registered sound trademark in China,and also the beginning of sound trademark registration,it was nearly half a century later than the successful registration of the sound trademark of NBC in the United States.Compare with the complete legal norms and solutions in developed countries,the protection of sound trademark in China has just started,and there is still a room for progress in the legislation and application of trademark.This paper aims to discover the problems of distinctiveness,the obtainment of right and tort bases on the reality of our country,by the means of the analysis of cases,articles of law,literature and comparison of domestic and foreign legislation.And then improve our legal system according to the above-mentioned problems.This article suggests that at present,China's regulations on trademark distinctiveness are not mature enough to solve various specific problems in practice,let alone on the sound trademark.While judging the distinctiveness,universality and functionality,it's better to use the elimination method to conduct reverse screening than to use the exclusion principle.Also the distinctiveness of trademark is changeful,it might vanish while being used.The owner can acquire the trademark right after it is distinctive.In the acquisition and protection of the trademark right,it is also necessary to protect the rights of the unregistered mark and the existing copyright.The infringement against sound trademarks mainly include the acts as misappropriation,confusion,forgery,reverse counterfeiting,etc.The core of the judgment is to consider whether the act is based on Trademark Law and has a profit purpose.