The Study On The Distinctiveness Of Sound Trademark In Internet Environment

Our country implemented the new "Trademark Law" on May 1,2014.For the first time,we regard the sound trademark as the object of legal protection and become one of the countries that formally recognize the registrability of the sound trademark.By the end of 2017,there have been 15 pieces of sound marks registered in our country after prelimnary examination and registration.In practical terms,the establishment and protection of sound marks is conducive to enterprises and consumers to correctly understand sound marks,strengthen the public's recognition of the source of products or services,establish a good image for the enterprise,enhance the credibi-lity of enterprise and ensure a fair market.The competitive environment.Acoustical mark is a new research topic that arises in the field of trade-mark law with the development and changes of the society.By studying the salience of the mark of voice in the Internet environment,it helps to improve the protection system of our country's trademark law and pro-mote the development of the Trademark Law in our country.Conformity with international trademark law.Based on the innovation,this paper discusses in depth the basic theory of sound mark and salience,analyze the relationship between the use and salience of sound marks under the Internet environment,combs the domestic standards on the distinctiveness of sound marks,Focus on the following two issues:(1)What is the essence of the distinctiveness of a sound trademark under the Internet environment?(2)What are the essential elements of the distinctiveness of a sound trademark under the Internet environment?Through research,we can draw the following conclusions:As a special protection object of trademark law,sound trademark is based on the theory of distinctiveness of trademark.The application and determination of sound marks should not be based on the traditional methods of identification but should be judged from the substantive contents of sound marks.Three criteria for the significant review of sound marks under the Internet environment are proposed:creativity,dynamic and interactivity.This paper has certain theoretical and practical significance for our country to recognize the salient standard of sound trademark under internet environment.