Discussion On The Legal System Of Sound Trademark

With the rapid development of science and technology in the world,the production and circulation of commodities have become very rapid,and the producers of commodities have been seeking new publicity strategies to seize the opportunity,and the appearance of sound trademarks meets this requirement.The new trademark law of China has expanded the protection object of the trademark,and it is also the first attempt at the non-traditional trademark,but it is still in the exploratory stage of the exploration of the legal system of the trademark.The trademark law does not specify the concept of the sound trademark,the standard of registration,the identification of the tort and other elements.Although some provisions have been made to the above issues in the standard for trademark examination and trial,it is still not specific and the operability is not strong enough.China should actively learn from effective measures at home and abroad on the basis of accumulating practical experience,so as to establish a sound trademark protection system conforming to China's national conditions.This article is divided into five parts.The first chapter starts with the basic concept of the sound trademark,and classifying the sound trademarks effectively according to the different standards.The subdivided music and non musical sound trademarks are of great significance to the registration form of the sound trademark.Furthermore,sound trademark has the basic characteristics of trademark,it also has the particularity of non visual trademark,and it has the characteristics of non body.It needs special media,and the significance of the sound trademark is difficult to obtain.The substantive examination link in the registration should pay attention to its remarkable character.The second chapter analyzes the acquisition conditions of voice trademarks,including the two parts of formal requirements and substantive elements.The formal elements,namely,how to register the voice trademarks,and compare the advantages and disadvantages of different ways to choose the suitable way for China.The essential elements include positive and negative elements,the positive element is that the sound trademark should be significant,the negative element is the way of enumerating from the opposite side,and that the functional voice and the general sound can not be registered as the trademark application.The third chapter discusses the rights and contents of voice trademarks,including the right to use and prohibition.The four basic rights of transfer and licensing,of which the right to prohibit is the basis for the realization of the other three rights.The exercise of the right of sound trademark should also be restricted as any right,the commercial rational use of sound trademark and the reasonable use of non commercial nature.Only by restricting the rights,can the balance of interests be better guaranteed.The fourth chapter discusses the behavior identification of infringement of the exclusive right to sound trademarks,including four types of confusion and dilution,forgery,unauthorized manufacturing,replacement of sound trademark and sales behavior,and the specific analysis of the definition of various types of tort.The fifth chapter is the understanding and analysis of the sound trademark through the above.Based on the current situation and deficiency of the sound trademark system in China,the legal suggestions for the establishment of the sound trademark system are put forward.The first is to clear the standard of identifying the significance of the sound trademark;two is the criterion for determining the approximate and confusing possibility of the sound trademark.