On The Legal Problems Of Sound Mark

Although sound mark isn’t forcibly protected by the TRIPS Agreement, it plays a more and more important role in our lives. A piece of special sound or beautiful music can stimulate people much more. Therefore, it is entirely possible that sound mark has more strongly recognition than traditional mark when close contact has been established between sound mark and the specific product. With the sound mark playing a more and more important role in our social life and the constantly understanding of the mark, it real have great practical significance. In2006, sound mark has been clearly protected by STLT, most of the countries and territories give the legal protection to the mark, such as the United States、Russia、Taiwan、Russia、Hongkong and ect.In2014, the new Trademark Law brings sound mark into the protection of objects and then the Implementing Regulations of the Trademark Law adds some relevant provisions, it marks our Trademark Act enters a new stage of development. However, owing to the distinctive features of sound mark which differ from traditional mark, and the protection of sound mark was in the exploration period, the development of theoretical basis and practical is not mature and the relevant legal system is not perfect yet. For that reason, problems about the protection of sound mark are in the following three areas:Firstly, problems about sound mark distinctiveness identification and the formal elements of registration. Secondly, the standard of sound mark infringement exsiting problems. Thirdly, the scope of the jurisdiction of the international network about sound mark infringement isn’t yet definitive. To solve this problem as soon as possible is of important siginificance for protecting our sound mark resources and improving the competitiveness in the international trade market and promoting the economic develop rapidaly.This article puts forward some perfect suggestions to the legal protection of sound mark base on the analysis of the distinctive features of sound mark which differ from traditional mark, the necessity of legal protection, the basic theory of sound mark protection and abundant reference experience of other countries and regions. Firstly, when examing sound mark distinctiveness, should be inspect from the whole mark, fully follow of principle of the de facto distinctiveness first and then the the de jure distinctiveness, meanwhile, ask applicant to submit evidence for the de facto distinctiveness. Secondly, If sound mark can expressed by staff or chord, the applicant should submit a description and a staff or chord about the mark and a voice sample. Otherwise, the applicant should only submit the description about the mark and a voice sample. Finally, this article puts forward a viewpoint that likelihood of confusion as the standard of sound mark infringement. And offers a further discussion of sound mark infringement, then make it clear that the judgment should base on the place where the result of tort take place, then combine whether people can attain the products in involve cases over the network in our country.