On The Registration System Of American Sound Mark And Its Enlightenment To Our Country

Looking at the trademark legislation of various countries in today’s world,the sound mark had already been included in the scope of protection in a lot of countries and regions.The Trademark Law revised in 2013 had added a new form called "sound mark",and the "enforcement regulations of trademark law " had also been modified followed by the Trademark Law in 2014,in addition,the two had been officially implemented in May 1,2014,and it was the first time for our country to put the sound mark into the protection system of the Trademark Law.Although the Trademark Law began to give protection to sound mark,the development of sound mark was still an embryonic stage in our country,many related concepts and system of sound mark were not mature and the registration of sound mark still existed many problems.We need to learn from the mature legislative and judicial experience of other countries and regions actively,and get the enlightenment of perfecting the system of sound mark registration in our country,and promote it to the international practice.To this end,I use the professional knowledge of law,combined with understanding of the registration system of sound mark,through causal analysis,comparative analysis and case analysis and other research methods,carries on the analysis in view of the registration review of sound mark in American,and reflect the problems existed in registration system of sound mark in our country,and then draw the enlightenments to our country.Full text consists of four parts.The first part:Analyzing the registration system of American sound mark generally.Firstly,explaining the legal protection system of American sound mark,mainly for the Lanham Act and the review program guide of American trademark.After giving a simple analysis of American sound mark registration conditions,mainly carries on the analysis from the system requirements.The second part:Identifying the registration conditions of American sound mark.Through some typical cases,identifying three substantial elements respectively,such as significance,functionality and versatility,clearing the definition and standard of review.In addition,researching the descriptive expression of American sound mark,analyzing its details,and explaining its specific provisions by cases.The third part:Reflecting the shortages of Chinese sound mark’s registration system.Compared with the provisions of the United States,summarizing and reflecting the shortages of Chinese sound mark’s registration system.Analyzing the defects mainly from the current provisions.The fourth part:Summarizing the enlightenments to our country from American sound mark.Through the third part’s analysis of the defects of our country’s sound mark registration system,drawing the enlightenments combined with the relevant provisions of the United States,analyzing mainly from the perfection of sound mark’s legal protection system,significant standards,definition and unity of the functional and universality,the improvements of the expression,and the other aspects.The author believes that Chinese sound mark still developing in initial stage,and the system specification being not perfect,so we need to draw on the experience of foreign countries actively,find out our deficiency and perfect ourselves.