Study On Legal Issues Of Sound Mark

The high speed development of science and technology in commercial areas brings a golden opportunity for diversification of trademark. The traditional visual trademark develops gradually into dynamic and non-visual trademark. By right of special forms and intense sensory stimulation, Sound trademark can enhanced commercial reputation and bring economic interests. At present, foreign countries have witnessed a series of practice and exploration on the sound trademark protection. Many countries and regions had admitted registration of sound trademark and protect them. The third revision of Trademark Law added the regulation of sound trademark, which will play a crucial part. Sound trademark is an import for china. China’s current Trademark Law didn’t make specific rules about definition. registration and tort of sound trademark. Therefore, it makes comparative study between sound and traditional trademark of importance. This paper is divided into five chapters in addition to the preface. The first chapter defines the sound mark in three aspects and institutional value. It is demonstrated from four points in the second chapter that trade mark registration in china should base on "Trade mark use". The third chapter makes an analysis on the legislation and practice of sound marks in foreign countries and sums up registration of traditional trade mark, the registration qualifications of sound mark, essential qualifications and procedure qualifications as starting points, especially focuses on the positive aspect of essential qualifications, namely, distinctiveness. The fourth chapter analyzes that determination of sound mark infringement should be base on theory of "confusion" and "Reverse Confusion" could be exist. The fifth chapter puts suggestions for improvement, which included the scope of legal protection the requirements of trade mark registration, sound mark infringement system and management specialization of sound mark.