Study On The Legal Protection Of Sound Trademark

With the rapid development of thebusiness and economyand the improvementof the science and technology, the type of the non-traditional trademarks have beenvaried and the protection mechanisms of trademark have been expanded, fromvisual perception to aural perception. Sound trademark has become one oftheimportant types of trademark. The necessity for the legal protection of the soundtrademarklies in the maintenanceof the fair competition in themarket and the welldevelopment of the commodity economy.In order to adapt to the inevitably changeand requirement of the diversification of trademark’s type and perfect the trademarkprotection system, the2013new trademark law has removed the"visibility" requirementsof the trademark.Also, according to the new Trademark Law,sound mark has become a new trademark type in law. It means that the sound canbe registered as trademarks.From the perspective of the trademark law legal principle, the sound trademark has the same structure with the traditional trademark. The registrability ofsound mark base uponits’ significance and non-functionality.However, sound markis a fresh thing in our country. Compared to other traditional trademark type,theprotection of sound trademark facesmore technology problems, such as the detaillyexamining standards on the sound trademark application. Simultaneously, the articleoffers a further dissertation on problems of the sound marks graphic description andfurther discuss on the protect mode of sound trademarks. At present, these problemsstill lack of systematic theoretical study and practical provisions.In fact, with the development of science and technology, the technical problemsin the legal protection of sound mark can be overcome.Therefore, on the occasionofthe revise of the trademark law, examining standards on the sound trademarkapplicationshould be clear as soon as possible. At the same time, the protectionmode of sound trademark should be established. In this paper, by analyzing thecharacteristics of sound trademark, the author attempt to investige the theoreticalbasis of sound trademark. By adopting the method of comparative study andcombining with the characteristics of China’s traditional trademark registration, theauthor conceive a legislation and practical design of the examining standards on thesound trademark application. This paper committed tomake feasible theoreticalsupport and practical suggestions, which is feasible for the protection of sound mark,in order to perfect the system of trademark law system.