Legal Protection Of Sound Trademark

In the rapid development of industry, services, cultural industries and enterprises innovative ways of their own products or services. Accumulation businesses on their own trademark as an enterprise product or service reputation and results of information carriers, has evolved a variety of forms, good marks can be icing on the cake for publicity.This paper will proceed from China’s actual situation, combined with the relative legislation and case analysis. Starting from the basic concepts of sound trademarks in the first chapter, combined with relevant legal documents, analysis of characteristics of a sound trademark visibility compared to traditional trademarks, and the domestic first entered a period of notice of sound trademarks, analyzing the sound trademark protection situation in China. The chaptertwo main analysis of the distinctiveness of trademarks based on the principle of analysis of sound trademarks distinctiveness. And from the significant positive judgment and negative judgements of two aspects of theory on the requirements of a sound trademark’s distinctiveness. The chapter three main analysis from a sound trademark confusion theory analysis and judgment sound element of trademark infringement. Combination of enterprise advertising songs of Apollo Group case analysis for sound comparative sound means of infringement of trademark, and finally to judge the sound element of trademark infringement. Fourth chapter will enumerate the sound trade marks legislation in various jurisdictions, the second section will analyze two cases when a registered sound mark, description of sound trademarks and judge at the request of trademark infringement, trademark’s distinctiveness to sound requirements. The fifth chapter in the domestic environment, on several aspects of a sound trademark protection; significant criteria, has not yet been registered sound trademark protection, infringement and jurisdiction issues and put forward feasible proposals.