A Study On The Judicial Recognition Of Sound Trademark Significance

Since its promulgation in 1982,the Trademark Law of the People’s Republic of China has undergone four revisions,with the 2013 amendment drawing attention to sound trademarks as a new type of trademark.However,despite the high overall number of trademark registrations in China,the application and registration of sound trademarks is relatively low.Many market entities can only seek solutions through judicial means when their sound trademark applications are not approved,and the success rate of registering sound trademarks through judicial decisions is also low.Therefore,this dissertation aims to explore the reasons for the low success rate of sound trademarks in China from the perspective of judicial rulings,and to propose suggestions for improving the judicial recognition of sound trademarks in China,drawing on the sound trademark judicial review systems of other countries,in order to increase the registration of sound trademarks in China.This dissertation is divided into four main parts.The first part,the basic theoretical part of sound trademark distinctiveness,summarizes the classification and characteristics of sound trademarks through data retrieval and organization from the China Trademark Website,and introduces the concepts of inherent distinctiveness and acquired distinctiveness in the theory of sound trademark distinctiveness.In the second part,from the perspective of China’s judicial rulings,the use of evidence,judicial basis,and types of sound trademarks in judicial recognition of sound trademarks are detailed,revealing the difficulties currently faced in China’s judicial recognition of sound trademarks,including the lack of uniform standards for determining distinctiveness evidence,the lack of application of judicial principles,and the application of the same recognition standards to different types of sound trademarks.In the third part,an examination of the sound trademark distinctiveness recognition regulations of the United States,European Union,and Australia’s extraterritorial regions provides an understanding of the recognition of sound trademark distinctiveness in different countries.In the fourth part,suggestions for improving the recognition of sound trademark distinctiveness in China are summarized,including standardizing the provision of distinctiveness evidence for sound trademarks,applying the principles of sound trademark distinctiveness in judicial review,and clarifying the recognition of distinctiveness for different types of sound trademarks.Previous studies have focused more on the analysis of the trademark legal system and the exploration of trademark registration procedures,while this study delves into specific cases of sound trademarks from the perspective of judicial rulings.By investigating the quantity,results,and related factors of China’s judicial rulings,the difficulties faced in China’s judicial recognition of sound trademarks are revealed,providing new perspectives and ideas for solving these problems,which will help to increase the registration success rate of sound trademarks in China,promote the innovation and development of China’s trademark protection system,and provide new ideas and methods for the protection and development of sound trademarks in China.In addition,from a practical perspective,the conclusions of this study have important guiding significance for trademark applicants and market entities.Trademark applicants can better understand the requirements and difficulties of sound trademark registration,and prepare distinctiveness evidence for sound trademarks more effectively based on the suggestions proposed in this paper,improving the success rate of registration.In summary,through an in-depth study of the judicial recognition of sound trademark distinctiveness,this paper reveals the problems in China’s sound trademark registration and review system,and proposes suggestions for improvement,which will play an important guiding role in promoting the development and protection of sound trademarks in China,and the innovation and improvement of China’s trademark protection system.