Research On Construction Of Examination Standards Of Sound Trademarks

The fourth meeting of the second session of the National People’s Congress voted to adopt the decision on Amending People’s Republic of China Trademark Law in August 30, 2013. The new Trademark Law shall take effect since May 1, 2004. The latest revision of the Trademark Law ruled that the sound can be registered as a trademark. Since then, China has also become one of recognizing the voice of trademark registration in the world. But the practice of the sound trademark is still blank area in China. Although theorists have long concerned about the sound mark, they just focused on the registrability of the sound marks and its elements. Building a sound mark of our standard of review a sound trademark is the first step to improve the protection system of the sound trademark in our country. Whether using or infringement of the sound trademark, the primary link is indeed the right of sound trademark. It requires a complete set of standard review criteria to indeed the right of a sound trademark. But for now, the practice of domestic legislation or judicial do not have specific provisions about standard review criteria on sound trademark. It is bad for the sound trademark registration and infringement disputes in the future. In this paper, we research the protection of the status quo of China’s current sound trademark, and have comparative analysis of the relevant provisions of the relevant country which has a certain practical experience and practices, and summarizes a complete set of standard review criteria of the sound trademark on the basis of the traditional trademark visibility. Finally, we have the recommendations of the Office to proceed to amend the relevant provisions, and proposed specific modifications.This paper uses historical research, case studies and comparative study method. This paper has four parts. Through the introduction, comparison, analysis sought to determine trademark sound standard of review and make recommendations for effective legislation.Part one; I first studied the theoretical basis of sound marks, and introduce the definition and characteristics of the sound marks, and compared Similarities and differences of the traditional sound marks between visibility trademarks, and demonstrated the necessity of building a sound trademark examination standards. Because the sound trademark is still a new thing in our trademark practice, there are many shortcomings in our country’s protecting the trademark sound system. For example, the sound trademark application process, review criteria, publicity and transfer query methods and sound marks, funding, assessment and other issues are to be further improved our legislation and related sectors.Part two; I used the comparative method and case analysis. I studied the visibility of our traditional trademark’s legislation and practice and foreign-related cases to analysis the elements of sound trademarks, including the substantial elements and formal requirements of sound trademarks. The elements of sound marks part analyzes the significance of sound marks. I propose substantial elements should be consistent with sound marks a significant, non-functional, the content of the sound must not violate the law prohibition, and the sound shall not infringe earlier rights.Part three; I refer to the relevant legislation and international treaties and the practice of the typical country or region. This part has discussion and analysis of specific regulations and formal requirements for substantial elements of sound marks or related judicial practice in the relevant country. Provide the basis for improving the standard of review and the experience of sound trademarks.Part four; I found the construction of our standard of review of a sound trademark on the basis of the above analysis. This part is the key and core content of this paper. I improve the standard of review of the sound trademarks on the basis of the requirement of the sound trademarks and the legal protection of traditional visibility trademarks. I detailed and summary the standard of review of the sound trademarks, including the substantial elements and formal requirements of sound trademarks. Finally, I recommend increase content on the sound trademark examination standards in the "trademark examination and trial standards" which introduced by SAIC. I hope that it can provide some reference to our country’s sound trademark practice for trademark registration and subsequent sound trademarks.