Study On The Elements Of Sound Trademark Registration

With the development of global economy,the market communication between countries becomes more and more close and the development of commodity economy grows more and more rapid.The development of electronic information technology makes trademark-the most important identification to distinguish commodities,not be limited to traditional visual requirements.Its connotation continuously extends and expands.Non-traditional trademarks,such as audio trademarks,scent trademarks,color trademarks,have gradually entered the international market.The continuous progress of science and technology makes non-traditional trademarks obtain more and more high usage and coverage rate in the world market,especially audio trademarks.Due to its objectivity,universality and operability,audio trademarks are the most popular among businesses and consumers in the field of non-traditional trademark.Therefore,more and more countries bring audio trademarks into the protection scope of their respective trademark laws.China also followed suit and brought audio trademarks into our ?Trademark Law? in 2013.Thereafter,some enterprises started to register audio trademarks based on the law,which made the registration of audio trademarks from theory to practice.By studying the merits and demerits of elements of abroad audio trademark registration,this thesis analyzes the problems existing in the elements of our country's audio trademark registration.Meanwhile,it combines abroad experience with Chinese practical conditions and puts forward suggestions on improving the elements of our country's audio trademark registration.Firstly,this article takes the basic theories of audio trademarks as the entry point,clarifies their concepts and classifications,introduces in detail characteristics of audio trademarks which differ from traditional trademarks and other non-traditional trademarks and elaborates the basic content of registration elements of audio trademarks.Secondly,starting from the perspectives of understanding and referencing,it analyzes and investigates the legislative cases about audio trademarks in abroad countries and regions from two aspects of substantial elements and formal elements.Through comparison,analysis and summarization,it generalizes the advancement and limitations of the legislature and practice about audio trademarks in different countries or regions and further summarizes their implications for our country.Thirdly,taking the rules about the substantial and formal elements of our country's audio trademarks as the entry point and combining with the practical conditions,it points out all sorts of problems existing in theories and practice of elements of Chinese audio trademark registration.Finally,it takes reference from relevant abroad experience,stands on our country's practical conditions and puts emphasis on proposing feasible improvement suggestions about the fore-mentioned problems existing in the substantial and formal elements of our audio trademark registration hoping to provide a little contribution to solving problems emerging in the legislature and practice of our country's audio trademark registration.