Voice Can Also Become A Registered Trademark.
China's first voice trademark preliminary notice announcement.
Is it surprising that friends have seen such news?
What? Text and graphics can apply for a registered trademark, even the voice is OK. Xiao Zhi answers you first, yes! Then, I will tell you more about the voice trademark.
The trademark law stipulates that any mark that distinguishes the commodities of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional signs, color combinations and sounds, and combinations of the above elements, can be applied for registration as trademarks.
It can be seen from the provisions of the trademark law that the voice can indeed apply for a registered trademark, which is also in line with the actual needs and the development trend of the international trademark field.
Although the most common trademark types of consumers in daily life are word trademarks, graphic trademarks and various combinations of trademarks, it is not hard to imagine that since the announcement of the first voice trademark preliminary notice, there will be more and more applications for the application of sound trademarks, and more and more sound trademarks will be examined through the trademark office.
In this way, the voice trademark appears in the field of everyday consumption.
Then, what conditions should we apply for registered voice trademarks? How should we understand the concept of sound trademarks?
The so-called "trademark" refers to the use of music, monosyllabic scale or even notes composed of music and music as a mark to distinguish different goods or services.
Musical sound or non musical sound can become a constituent element of sound trademark. However, not every sound mark can be passed.
trademark office
Audited for registration.
"
Trademark law
"The trademark that applies for registration should have significant characteristics, which is easy to identify, and must not conflict with the legitimate rights of others.
In accordance with the requirements of the trademark law to apply for a registered trademark, what characteristics of the sound trademark should be registered to go through the Trademark Office smoothly?
First of all, the sound trademark applied for registration should be significant.
For sound trademark, its saliency is divided into inherent saliency and saliency.
The inherent saliency can be considered from two aspects: the content of the voice and the length of the voice.
As for the content of voice, the more closely the relationship between its content and its products is, the more significant it is.
For example, the sound of water used for drinks is obviously less important than clothing.
As for the length of the voice, it is difficult to have any musical clips containing only one or two notes, of course.
Sound trademark
The longer the better.
This is determined according to the identifiability of the sound trademarks of different lengths.
Secondly, the sound trademark applied for registration should not be functional.
The functionality of the logo means that the characteristic or constituent element of the logo is unavoidable by the characteristics of the commodity itself or the normal use.
For example, the sound of hitting the keyboard can not be used as the sound trademark of the product. Otherwise, how will the consumers distinguish the different products?
Finally, if the registered trademark is to be successfully passed through the Trademark Office, it will also need the help of professional intellectual property management software.
For ordinary people, it is very difficult for them to deal with such problems as filing trademark registration applications, submitting related materials and avoiding trademark similarity.
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