On The Legal Protection Of Sound Trademarks Of China

Social development promote the prosperity of commercial activities, prosperouscommercial activities are bound to promote the development of the trademark.Elements of trademark have been extended from a combination of the originalgraphics, text, letters and colors to sounds and smells included. Throughout today’strademark legislation of each country, there have been numerous nations and regionsgiving sound trademarks and scent marks into the scope of trademark protection. Inthe revision of the <Trademark Law> in2013, China following the trend ofdevelopment of international trademark actively, take the sound trademark into theranks of trademark protection. To do so, on the one hand to meet the real needs ofthe operators, they will accelerate the pace on registering sound trademarks, tap thetremendous value inherent in sound trademarks; on the other hand, consumers willalso be given a sense of freshness and shocking, trademarks not only can see by theeyes, but also can be heard by the ears. it is reasonable that sound trademarks can beprotected by trademark law. Although it is a big step forward to take soundtrademarks into trademark law, but we should still be clearly seen, whetherauthorized or indeed in the process right, sound trademarks will have a lot ofproblems. only to solve these problems can sound trademarks successfully developin our country in the future. But we must recognize that the solution to theseproblems will not come out immediately, we need to actively learn from othercountries and regions mature legislative and judicial experience, given ongoingresearch. The purpose of this paper is to better protect sound trademarks in ourcountry, to catch up with the trend in international trademark legislation, to promotethe strategic development of our intellectual property rights and to enhance thecomprehensive national strength.Firstly, this paper introduces the particularity of sound trademarks as thestarting point, and points out why our country should protect sound trademarks. Secondly, introduced foreign countries and regions and our country on soundtrademarks registration requirements from the substantial elements and proceduralelements, pointing out that sound trademarks have to be registered, must havesignificant and meet the pattern of expression of the requirements, in contrast to thebasis point out our sound trademark’s problems in the registration process. The thirdsection describes the sound trademarks infringement and remedy. On the basis ofcombining the forms of traditional trademark infringement, introduce soundtrademarks major infringement performance and how to identify, then propose theproblems in the process of sound marks infringement and remedy. The last part ofthe paper, with the problems of sound trademarks in the process of registering andtort remedy, propose solutions to the proposal.