When we talk about INTEL , most people may think of its symbolic sound :”Deng, deng deng deng deng ”. Actually , that piece of sound, as one of the most typical Sound Trademarks in the world, has been registered in the US Patent and Trademark Office.
Sound Trademark is a kind of trademark that can distinguish the resource of production or service. For long-term business practices all around the world, Sound Trademark is not a new thing any more. In the USA, Australia, New Zealand, Singapore, India , the EU and Hongkong China, the law have admitted the Sound Trademark. The China mainland started to accept the case of Sound Trademark since May 1st , 2015. The Trademark Bureau has accepted 235 cases so far.
According to the related regulations: Any symbols that can distinguish Natural Person, Legal Person or other organization`s production from the others` production, including text, graph, letter, number, figure, three-dimensinal logo, color-combination, sound, and the combination of above elements, can be used as trademark.
That means sound can be used as the namecard of the enterprise, once people hear that familiar sound, they will be remind of an enterprise or a certain production.
To register a Sound Trademark, the description documents must be clear,distinct,independent,objective,continuous,legibility,intelligibility. You can not simply describe the Sound Trademark with a piece of certain music, or just list serveral notes. If you are going to describe the Sound Trademark in words,the music score must be attached.
To register a Sound Trademark, the following examination should be passed:
The forbidden sounds for trademark: National Anthems, Military Songs, the International or their similiar melody ; Religious Music , Terrible Music, Violent Music are not allowed.
1. Sounds that only directly indicate the content,consumption objects,and other characteristics of a certain production or service are lacking of distinct characteristics. For example, the sound of piano is not avaliable for instrument because it`s not distinct enough, however it`s avaliable for productions like lights,food,and so on.
2. Other sounds that lacking of distinct characteristic are not avaliable, for example : simple tone/melody , a whole song/music, a directly shouting slogan, generally used music or sound of the industry.
Generally, the Sound Trademark can obtain the distinct characteristic only by being used for long term.
If two Sound Trademark , or a Sound Trademark and a Visual Trademark , are easily confused with each other, or having certain connection, they will be regarded as same or similar trademarks.
The expert says that, the major difference between Sound Trademark and Traditional Trademark is : the Sound Trademark has been used for a period , having distinct characteristic and good popularity.
So, we might say, Sound Trademark Registration is for a few famous enterprises, most enterprises had better foucus on the Visual Trademark Registration.
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