Legal Protection Of Sound Marks

With the progress and the mushroom growth of science and technology,people pay more and more attention to the protection of intellectual property rights.The traditional form of trademark is no longer fully meet the needs.Sound marks will be more widely used.However,compared with traditional trademarks,sound marks have their own particularities,so they cannot be directly brought into the protection method of traditional trademarks.Although protection of sound marks in China has entered into a new stage,it is undeniable that there still exists a long way to go.Studying the legal protection of sound marks in China is a current trend.It can better promote the economic development of China and enhance international competitivenessThis article cuts in from the basic characteristics of sound marks,and then draws on the provisions of international treaties and references to judicial practice in relevant countries,to summarize and refine the protection methods of sound marks in different countries or regions.Then through the analysis of the formal and substantive requirements of sound marks,combined with the current situation in China,it puts forward a sound marks protection and improvement proposal that meets national conditions of China.The body of this article can be divided into four chapters,listed as follows:The first chapter starts with the concept,characteristics and classification of sound marks.By analyzing its basic concepts and characteristics,it points out the differences between sound marks and traditional trademarks.People take different forms of registration towards them.Through specific analysis,they will pave a way for a comprehensive analysis of different protection methodsThe second chapter mainly introduces the registration requirements of sound marks.It is mainly divided into three parts:the first two parts introduce the essential and formal requirements of the sound marks.The third part focuses on foreign legislation and judicial practice.Starting from the above registration requirements,we will explore how international treaties and laws of various countries and regions are regulated towards these issues.And the well-known jurisprudence that currently exists to compare the legal opinions adopted by different countries.The third chapter focuses on sound marks infringement.This chapter is divided into two parts:The first part is about the determination and jurisdiction of sound marks infringement.Secondly,with the high popularity of Internet,this part introduces famous sound marks infringement cases through international network.The fourth chapter specifically puts forward suggestions on the improvement and protection of sound marks.Based on the specific analysis above,this part is divided into five parts,including improving the registration of substantive requirements of sound marks,improving the registration of the formal requirements of sound marks,improving the relevant laws and regulations of sound trademarks,improving the rules for the determination of sound marks infringement,and emphasizing the public interests.The above five aspects are put forward to making specific suggestions for protection and improvement,and to make specific suggestions for sound marks protection in accordance with the national conditions of China.