Research On The Application Of Substantive Elements Of Sound Trademark Registration

With the high-speed development of social economy and science and technology, the various fields of commercial activities have broken the traditional pattern to a great extent, and many new changes have emerged.The internationalization level of goods and services is getting higher and higher,as to distinguish the trademarks of the source of goods and services are increasingly showing a diversified development trend, marked by visual, text, graphics, letters, numbers, three-dimensional symbol and color combination constitute trademark expanded to a single color, dynamic, sounds, smells, etc. new trademark.Because of its uniqueness,voice has its own advantages in propagation especially as a trademark element,commodity connection established by the sound is more direct and less subject to geographical or linguistic factors.Worldwide protection of sound marks begun from the "Lanham Act" of the United States in 1946, thereafter,England, Australia, Germany and China’s Taiwan, China’s Hong Kong, the sound trademark has been put into the scope of registration of trademark.The Singapore treaty of trademark law signed in 2006 is the first clear recognition of the sound trademark in the international treaties, it marks the sound trademark legislation into a integration, internationalization of new roads.The new trademark law formally implemented in on May 1, 2014,this is the first time ever put sound trademark protection into the scope of trademark law. The development of China’s sound trademark is still in its infancy stage where many systems are not yet mature. The new trademark law only provides for voice or elements contained in the voice of trademark can be registered, but have not formulate specific implementation rules,not only has no concept of sound trademark of the trademark law in our country, but also the lack of perfect sound trademark registration condition,although there are examples of registered sound trademark, but judicial practice exist some blank,sound trademark application for registration is a challenge for China’s current law.This paper embarks from the particularity of the sound trademark, on the basis of the current research status, combined with legislation and practice experience of foreign countries and regions, to discuss the problem of sound trademark registration substantive elements in China’s registered trademark legal protection system,in order to provide the advice about protection of sound trademark review practice.This paper is divided into the following three chapters to discuss the research:The first chapter introduces the basic content of the sound trademark, including the concept and characteristics of the sound trademark, and points out the significance of the sound trademark in semiotics.Based on the present situation of sound trademark protection, analyzing the difference between the sound trademark with traditional trademark,and briefly introduce the evaluation way of sound trademark registration,and pointed out what China’s sound trademark registration review process need to be refined and improved.The second chapter mainly analyze the substantial requirements of sound trademark registration.First, to explore the composition of the substantive elements of the sound trademark, and then compare and analyze the legislative practice of the major countries and regions on the sound trademark.In the part of sound trademark substantial requirements, mainly analyses the positive factor and negative factor sound trademark, positive elements mainly refers to the significance of sound trademark, negative elements mainly refers to non functional and non universal sound. Finally learn from the experience about the extraterritorial protection of sound trademark.The third chapter discusses the perfection of sound trademark registration review system.Based on the current condition of sound trademark in China,proposing countermeasures and suggestions to improve legal system for sound trademark protection.