Identification Of Distinctiveness Criteria In Judicial Review Of Sound Trademarks In China

As a special kind of non-traditional trademark,sound trademark has been included in the protection of China’s trademark law.However,the current trademark law system on the determination of the distinctiveness of sound trademarks lacks operability,and judicial review is difficult to reach reasonable and accurate conclusions directly through these provisions.The legislative system cannot meet the needs of judicial practice,making the construction of a system for determining the distinctiveness of sound trademarks an urgent issue to be resolved.Among them,the study of the criteria for determining the distinctiveness of sound trademarks in judicial review occupies a key position.This paper first analyzes the typical cases in the judicial review of sound trademarks,with the help of the reasons given by the courts in the cases that failed and passed the judicial review,and comprehensively analyzes whether the two aspects of inherent distinctiveness and obtaining the determination of distinctiveness are based on more consistent judgment standards.Secondly,the most important thing behind these recognition rules is the theoretical support.The connotation and type of inherent distinctiveness of sound trademarks and their determination in judicial review,and the corresponding meaning and expression of acquired distinctiveness and their determination in judicial review,lead to the conclusion that the judgment of acquired distinctiveness is in a key position in the review;these analyses are also inseparable from the role played by the important factors in the comprehensive determination of sound trademarks;through the above analysis,it is concluded that China’s sound trademarks Through the above analysis,the problems still exist in the judicial review of sound trademarks in China.Then,through the experience of foreign sound trademark recognition rules,we can draw up rules that are adaptable to China and develop a sound trademark recognition system with Chinese characteristics.Finally,based on the above research,the system for determining the distinctiveness in judicial review in China will be constructed.The study of the criteria for determining distinctiveness in judicial review in China is of great significance to the construction of the sound trademark recognition system in China and the guidance of sound trademark review in judicial practice.