Current location - Plastic Surgery and Aesthetics Network - Wedding supplies - Several important conditions for the registration of sound trademarks
Several important conditions for the registration of sound trademarks
Trademark is a kind of commercial symbol, and its fundamental feature lies in its distinctiveness. When people hear some highly recognizable sounds, they will immediately associate them with related programs, goods and services, which shows that sounds can play a significant role in identifying and distinguishing goods or services, which makes it possible for sounds to be used as trademarks. The following are several important conditions for voice registration as a trademark!

First, special sounds may not be registered. As far as sound trademarks are concerned, sounds with the same or similar melody as China's (foreign) national anthem, military song and international song may not be applied for registration as trademarks; At the same time, the voice must not contain words of ethnic discrimination.

Second, the prior rights of others shall not be harmed. China's Trademark Law stipulates that applying for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means.

Third, generic and functional sounds may not be registered. If a sound is widely used and known by operators in a certain industry, or if a sound is essential for the purpose of using goods, the sound shall not be registered as a trademark. For example, "Wedding March" cannot be registered as the sound trademark of the wedding service industry, nor can the prompt sound "Ping-(sound)" of the microwave oven be registered as the sound trademark of this industry.

Fourth, it is of great significance. According to the provisions of the Trademark Law, the Regulations for the Implementation of the Trademark Law and other laws and regulations, only signs or sounds with distinctive features can be registered as trademarks. Significantness is the core element of trademark registration, especially the registration of sound trademarks. According to the recent case of QQ prompt tone, both the Trademark Office and the Trademark Review and Adjudication Board think that QQ prompt tone is not obvious and difficult to distinguish, and decide not to register it as a trademark.