Research On The Identification Of The Distinetiveness Of Sound Trademarks

Sound trademark is the product of commercial activity and gradually become a significant weapon in commercial competence. It contains the important intangible assets in commercial activity as well as others classical trademarks. With the prosperity and development of business and science, it can make a big difference of enterprises. No one could deny that sound trademarks means wealth and will become more and more important role between commerce. Sound trademarks with words and graphics are traditional but now some new-type trademarks are gradually increasing such as color and sound trademark in the main developed countries and regions. These classical trademarks are not suitable for all needs in society. There are a lot of countries and areas already integrated the sound trademark into legal protection so that our country has also been grope for this kind of trend. Other countries have provided many precious experience for us. And one of the most striking things is the sound trademark legislation of last year. This thesis is based on the legislation to research systematic of the identification of distinctiveness of sound trademarks.This thesis contains 4 parts:The first part emphatically introduces the basic theory of sound trademarks distinctiveness in two aspects. One is feature and basic function, the other is how to define the concept on the distinctiveness of sound trademarks. The second part introduces present situation and the existing problems of identify with the distinctiveness. There are two aspects in this part. One is present situation which contain legislation and research situation, The other is the existing problem which contains lacking a significant criterion and unified expression. The third part introduces legislation situation and some cases of the research on the identification of distinctiveness of sound trademarks on abroad. These cases are the source of experience which can take examples for us. The fourth part is the thinking and summary of this thesis. It proposes to identify the distinctiveness of sound trademarks into 4 aspects from the consideration on the legislation.The purpose of study:Firstly, this thesis makes the basic condition clear of how to allow the register of sound trademark, Then sound trademark distinctiveness identification study run through the process of the checking, arguing, using, protecting tort and so on. It reflect the purpose of sound trademark equipped with standardize procedures in law.The research method:firstly, literature survey method, through extensive reading of relevant books and papers as well as laws and regulation at home and abroad such as Intellectual Property Right Law in France. This method can pay more attention to the research. Secondly, case analysis method, this method analysis some classical cases about sound trademark especially some cases in abroad. For example, a case of Nextel sue Motorola in America. It is helpful to summarize indistinct aspects of sound trademarks identification in each country and put the experience to use for reference. Author says own opinion for the tort from many perspectives. It need to pay more attention to foreign cases on the legal problem of sound trademark. Thirdly, comparative analysis method, I compare different scholars from different countries in different perspective on the view of the identification of sound trademarks on the base of reading pertinent literature. Then I can take the essence to its dregs.The thesis focus on two features:firstly, sound trademark is similar to general characteristics with the traditional text and graphics, This feature mainly reflects in the paragraph 11 of the New Trademark Law. Secondly is mainly according to the inherent features of sound trademark. Customers perceive its goods or services by hearing and it is strongly associated with science and technology. According to these two features, this thesis comes up with to give legislative consideration from 6 aspects. The author advocated by the way of giving negative examples to summarize in the legislative process which not be equipped significance of sound and identify sound trademark from macro point of view.