The Research On Registration Of Sound Trademark

With the development of the market economy,a large number of non-traditional visual trademarks have emerged.Sound trademarks are typical of them.Like traditional trademarks,they embody the goodwill and market competitiveness of modern enterprises and have great economic value Most developed countries and regions in the world have recognized and protected sound trademarks in their legislations.China’s revision of the Trademark Law in 2013 has provided a clear legal basis for the registration and protection of sound trademarks.However,since its entry into force in May 2014,the number of sound trademarks that can actually be registered in China has not been large.The low success rate of registration has caused a general perception that the standard of sound trademark registration is higher than traditional trademarks.With the revision of the Trademark Law in 2013,the Trademark Law Implementation Regulations were revised in May 2014 to refine the application and examination requirements for sound trademarks.The Trademark Review and Trial Standards further stipulates the details of registration examination of sound trademarks.However,compared with other countries and regions,the time when sound trademarks are recognized and protected in China is still short,the relevant legal system is not perfect,and the number of practical cases is relatively small,which caused certain problems to the registration and protection of sound trademarks.This thesis will first briefly introduce the definition and characteristics of sound trademarks,including the general characteristics of modern trademarks and the unique characteristics that distinguish sound trademarks from traditional trademarks,and the value and significance of the appearance and protection of sound trademarks.Secondly,it will introduce the current legislations of the recognition and protection of sound trademark in other typical countries or regions.After systematically analyzing the current situation and problems of China’s sound trademark registration system,and sorting out the common and special points of its protection with traditional visual trademark protection,this thesis aims to propose relevant suggestions for improving China’s sound trademark registration system.From the perspective of formal examination,China’s sound trademark registration system should refine the specific requirements for trademark representation.From the perspective of substantive examination,China’s sound trademark registration system should clarify the special recognition standard of sound trademarks’distinctiveness and the scope of sounds that can be registered(including the issues of the registrability of universal sounds,functional sounds and the prohibition of sound trademark registration),establish rules for conflict resolution between the rights of sound trademarks and copyrights of previous music works,clarify standards for the similarity and possibility of confusion between two sound trademarks,and strengthen the protection of unregistered famous sound trademarks.