Research On The Significance Identification Of Sound Trademark

With effect from 1 May 2014,the new Trademark Law was formally implemented.Symbolizes our country’s registrable trademark from the single-visual text,graphics and other forms of color combination and sound.Compared with the traditional trademark,sound trademark has the advantages of wide publicity scope,more coverage of the crowd,fast dissemination and so on,which is more in line with the rapid development of information digitization.As a result,many businesses borrow the new "Trademark Law Dongfeng,a large number of applications for registration of sound trademarks.In the future,with the development of technology and the demand of commerce,the number of registered sound trademarks will continue to rise.At the end of 2018,the "Tencent Tip Yin" case went through public concern Rejection,review,administrative litigation,first instance and second instance procedures finally settled,this case fully exposed only by our current law on the identification and review of the sound trademark provisions,whether the sound trademark has significance,and whether the universal and functional trademark can be recognized as sound trademark and so on still have difficulties.Therefore,in order to perfect the identification and examination mechanism of sound trademark and better protect sound trademark,this paper is divided into four parts to study,the specific structure and content are as follows:Introduction.In the context of Tencent case and Luzhou Laojiao case after the implementation of the new trademark law,this paper introduces the main research purposes and contents of this paper.Through combing the research status at home and abroad,on the basis of fully understanding the research status of sound trademark,this paper briefly introduces the author’s research ideas and research methods.The basic theory of the significance of sound trademark.This paper first introduces the meaning and characteristics of the sound trademark,studies the meaning of the sound trademark significance by combining the characteristics of the sound trademark and the meaning of the trademark significance,and then divides the significance of the sound trademark on the basis of the traditional trademark significance theory.The third part is the analysis of the status quo of significance recognition of sound trademark.First of all,we discuss the legislative provisions and defects of the recognition of the significance of sound trademark in our country,combined with the application of judicial practice,and point out that there are logical problems in law and application,that is,thinking about the relationship between inherent significance and obtaining significance.On the basis of the study of legislation and judicial status in our country,drawing on the experience of the United States and the European Union,through comparing the classification criteria and recognition criteria,it is concluded that the theory of clear voice trademark significance recognition is of great significance to trademark protection.The fourth part,the sound trademark significance identification exists the question and the consummation.Based on the above analysis and the author’s thinking,this paper summarizes the problems existing in the recognition of the significance of sound trademark in our country,and puts forward three supplementary suggestions.Firstly,we clearly define the inherent significance and obtain the significance and add the relevant factors as part of the recognition standard Data.