Research On The Recognition Of The Distinctiveness Of Sound Trademark Registration In China

Sound trademark is the most widely concerned non visible trademark in recent years.It can break through the limitation of language and region and spread widely in the world,so it is favored by more and more enterprises.The distinctiveness of sound trademark is the basic condition for the registration of sound trademark.However,compared with the European Union,the United States and other countries and regions that have long regarded sound trademark as trademark protection,the research on the distinctiveness of sound trademark in China is still in the initial stage,and the sound Trademark Law of the people's Republic of China,which was implemented in 2014,was officially launched for the first time.And the research on the distinctiveness of the sound trademark in China is still in the initial stage.Due to the blank of law and the fact that the voice can't attach to the goods.In practice,it is difficult for the applicant to prove the distinctiveness of the sound trademark.The standards for trademark recognition and trial implemented in trademark examination and trial of trademark cases regulate the significance examination of sound trademark registration,which increased the requirements for formal recognition and substantive recognition of the distinctiveness of sound trademarks,the provisions strictly limited the recognition of the inherent distinctiveness of sound,and lacked the way to prove the distinctiveness of sound,resulting in the low registration success rate of sound trademarks.In the QQ prompt "didi didi" administrative litigation case of Tencent,which ended in April 2018,the Beijing Intellectual Property Court made a different determination result with the Trademark Review and Adjudication Board on the distinctiveness of the sued sound.The trial of the case has a certain reference value for the Trademark Office to determine the distinctiveness of the registered sound in practice.This paper hopes to analyze the status quo of the recognition of the distinctiveness of the registration of sound trademarks in China,based on the theory of sound trademarks and trademark distinctiveness,Combined with Tencent's sound trademark case,and learn from the relatively advanced legislative technology and successful practice abroad,this paper puts forward feasible suggestions for the recognition of the distinctiveness of sound trademark registration in China,and contributes a little to the establishment of sound trademark recognition standards in China.