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For The First Time, "Voice" Can Be Registered.

2011/9/3 10:44:00 32

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Yesterday, the Legislative Affairs Office of the State Council released a draft of the revised trademark law draft to solicit opinions from all sectors of society.

For the first time, "voice" is applied for registration as a trademark and is recognized and protected by law.

Voice can be registered as trademark.

With the rapid development of the economy, the form of trademark is also constantly innovating.

Registered trademark

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The eighth provision provides 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, colors and sounds, and combinations of the above elements, can be applied for registration as trademarks.

According to the draft opinion, the same or similar to the state name, national flag, national emblem, military flag, military badge or medal of People's Republic of China, and the names and symbols of the central state organs, the names of the specific locations, or the names and figures of the landmark buildings shall not be used as trademarks.

This draft enlarges the protection of trademark exclusive rights and administrative supervision. The draft is clear that the trademark that applies for registration of the same or similar commodities is a well-known trademark copied, imitated or plated by others. It is easy to cause confusion and will not be registered and prohibited.

At the same time, it emphasizes that the administrative departments for Industry and commerce should strengthen supervision and management of trademark agency organizations.

Sound trademark has strong limitations.

It is understood that the current international trademark legislation and the majority of countries and regions

Trademark legislation

In practice, sound trademarks are widely recognized and protected by law.

Liu Zhanlin, lawyer of Beijing Ying Ke law firm, believes that the adoption of the trademark law amendment bill will add voice to the ranks of registered trademarks, which is a manifestation of international integration and an inevitable trend of improving the legal provisions.

"The limitations of sound trademarks are very strong, not only limited in protection, but also limited in use."

Liu Zhanlin said that commodities such as food and clothing can not be distinguished by sound trademarks.

If the voice trademark can not play the necessary role, it will be meaningless to the consumers.

In addition, Liu Zhanlin believes that even if the sound trademark is eventually written into the trademark law, it will be very difficult to implement it. It will be restricted by many factors such as the national conditions, the level of economic development and the quality of the citizens.

Poor recognition of sound trademarks

Guo Xiushen, an expert committee of the China Trademark Association, said in an interview with reporters whether the voice could be applied for registration as a trademark, and the experts and scholars still had different opinions.

Compared with other traditional trademarks (text, graphics, letters, numbers, three dimensional signs, colors), the sound

Business identifier

Don't get up very complicated, such as the length of the music, the pitch of voice, or the inclusion of other sounds, all of which will affect the recognition.

Guo Xiushen said, unlike traditional trademarks, sound trademarks can be identified by many ways. They need to rely largely on the electronic media. They also need to clearly stipulate the norms, settings and choices of sound trademarks.

In addition, for enterprises, the cost of promoting sound trademarks is relatively high, and the speed of popularization is not too fast.

For consumers, it is also a matter to consider whether the ear is used to distinguish goods.