The Registration And Protection Towards Sound Marks In China

With the development of commodity economy, the scope of trademarks usage is increasinglywide; and it is just because of the need of commodity economy’s growth, the species of trademarkskeep expanding as well. Trademarks expand gradually from the traditional visible ones intonon-traditional ones, which cannot be perceived by naked eyes only, such as sound trademarks.Through the analysis of the necessity and theoretical basis of sound-trademark protection, thisthesis is constructing our protection system towards the sound trademarks in response tointernational needs.In addition to the introduction and conclusion, this thesis can be divided into four parts:In the first part，it mainly makes clear the concept and the characteristics of sound trademarks;it works out the necessity of preservation through discussing the theoretical basis of soundtrademarks and then makes a comparative study on the current situation of sound-trademarkprotection abroad.On the basis of referring to legislative practice abroad, the second part discusses the theprocedural elements as well as substantial elements of acquisition system of sound trademarks’exclusive right through analyzing the feasibility of the acquisition system.The third part expounds mainly about the infringement problems that may be encountered inthe protection process of our sound trademarks, the imputation issues of sound trademarks’infringement, namely the specific tort-type analysis of sound trademarks, and responsibilityregulation issues of sound trademarks, etc. Sound trademarks’ own particularity determines thespecificity of its infringement acts and the difficulty of tort-regulation.Based on previous three parts, the fourth part mainly focuses on system construction of theprotection of our sound trademarks; and it argues that to deal with our sound-trademark protection,we should adopt the improvement measures so as to well adapt to the sound-trademark protection.