Research On The Distinctiveness Identification Of Sound Trademarks In China

The Trademark Law of 2014 is the beginning of the development of sound trademarks in China,which has greatly improved China’s non-traditional trademark system and driven the progress in the field of intellectual property.However,the development of sound trademarks in China has been more than seven years,and the total number of applications has reached more than 800,but only more than 30 sound trademarks have been successfully applied for registration,indicating that the development of sound trademarks in China is difficult,and the reason for the difficulty in registration is that the identification of distinctiveness is too strict,which is embodied as follows: It is difficult for sound trademarks to be registered because of their inherent distinctiveness,it is not clear whether universal sound trademarks and functional sound trademarks can obtain distinctiveness after sustained application,the review criteria for distinctiveness of sound trademarks are vague,and the current way of expression of sound trademarks cannot be expressed in detail for non-musical trademarks.These problems can be solved from the following aspects: First of all,China should respect the provisions of the Trademark Law and clearly recognize the existence of sound trademarks,and the Trademark Office should actively guide the public to register sound trademarks;Secondly,it should be clearly stipulated that universal sound trademarks are relatively forbidden to be registered,while functional sound trademarks are absolutely forbidden to be registered,so as to avoid the monopoly of public resources and the infringement of others’ rights and interests.Thirdly,it is suggested to specify the criteria for the distinctiveness of sound trademarks in the Trademark Examination and Trial Guide,such as the overall examination principle,continuous use of more than 3-5 years,publicity,etc.Finally,the way of expression of sound trademarks should be adjusted with The Times,and the forms such as spectrogram and spectral graph should be added to non-musical sound trademarks.At the same time,electronic data versions should be submitted for all application for registration of sound trademarks.