On The Legislative Perfection Of China's Sound Trademark

In the era of economic globalization,the rapid development of the world economy has brought more opportunities than ever.At the same time,it also faces the more brutal pressure of competition.The producers and sellers can gain higher interest,give full play to their survival instinct and desire for profit,and use a variety of methods and skills to attract consumers.In the past,the biggest role of the business brand is to attract people's eyeballs and improve their recognition in the eyes of the consumers.The modern competitive environment requires the producers to make full use of the senses of the consumers and attract the attention of consumers in a full range.The connotation of the trademark is not limited to the traditional words,patterns,graphics and other forms,but its tentacles are extended.Different sensory areas,such as voice,smell and touch.However,as far as the current legislative norms of the traditional trademark protection are concerned,it is far from sufficient to meet the protection degree of the new trademark type.If it continues to apply the provisions of the previous trademark law to solve the problems arising from the new trademark type,it is lacking.Because there are many places no longer can apply the standard of the original "trademark law",there are too many aspects that have not been involved and can not fully solve the dispute.Therefore,this paper mainly analyzes the shortcomings of the legislative norms on the protection of soundtrademark in our country,and puts forward some suggestions on how to protect the sound trademark legislation in order to perfect the trademark legislation in our country.This article mainly includes four parts:The first part first interprets the basic concept of sound trademark,mainly talking about the concept,characteristics and classification of the sound trademark,fully clarifying the special location of the sound trademark,and analyzing and summarizing the requirements for the acquisition of the sound trademark.According to the existing literature,the research on the brand name of the sound trademark is not particularly sufficient,but it is still in the most basic stage,and the literature related writing is mostly related to the characteristics and the exploration of the important elements,and there is no special recognition of the sound trademark.At the same time,the author also notes that even in the international community,there is no unified definition and conclusion for the concept of sound trademarks.Therefore,the author thinks that in order to recognize the essence of a new thing,it is necessary to know why the basic concept is first,and this is a more profound study of it.Basics;The second part mainly summarizes the existing legislative provisions on sound trademarks and the main cases of infringement of the rights of sound trademarks,and shows that the present trademark protection system is not in line with the needs of the new type of trademark which is increasingly developing.The emergence of the new trademark brings many opportunities to the merchants,and there are many problems that we need to face.At present,the relevant provisions on the sound trademark in our country are still to be improved,the relevant contents are very shallow and weak,and the particularity of the sound trademark is not fully taken into account.It is not appropriate to take the same way ofmanagement with the traditional trademark as well as to make the same legislative provisions,but the problem which has to be raised is that there are too few infringement problems in practice.Many management departments often do not deal with the infringement of sound trademarks.It is obvious that the inherent uniqueness of the sound trademark is ignored by the active adoption of new and scientific methods,or the old methods used in the past.In this case,it is only an empty talk to discuss how to improve the legislative aspects of the sound trademark.The third part analyzes the legislation provisions of some foreign related voice trademarks,and analyzes the useful reference for our country's sound trademark legislation.All countries and regions are fully based on the basic facts in the country and regions to stipulate legislative provisions on sound trademarks.This provides a lot of meaningful reference value for improving the legislation of China's trademark,and the author has found that they are based on the legal ideas on which they are based on the legislative norms of the sound trademarks.The basic measures adopted in the process of protection are not very different from each other.The fourth part puts forward some relevant measures to improve the legislation of China's sound and trademark,and gives some suggestions on the legislation,in order to improve the legal norms of the sound trademark in our country.According to the author's understanding,in recent years,the development momentum of the sound trademark has been unstoppable,widely recognized in the international community,many of the famous large enterprises in the world have attached great importance to the development of sound and trademark,and have been registered in order to obtain legal protection.Accordingly,in the case of fully absorbing foreign related experience and in accordance with the basic national conditions of our country,China has revised the trademark law,which stipulates that sound can also be applied as a trademark element,which is of a cross time significance for the protection of sound trademarks.However,as a new type of trademark,sound trademark itself has a very obvious characteristic of self,which is very different from the traditional trademark.It will inevitably produce new problems in the process of practical application.If it is only applicable to the trademark law to solve the infringement of trademark,the author thinks it is very difficult.Therefore,in order to adapt to the new situation and new problems,it is a necessary way to further improve the legislative norms of the sound trademarks in the trademark law.