Voice Can Be Registered As A Trademark?

< p > < strong > "voice" war is imminent. < /strong > /p >

< p > "Shenzhou Xing, I see" or become a trademark < /p >.

< p > Ge You is wearing a stiff suit and a big thumb. His voice is loud and clear. "Shenzhou line, I look at it!", "thump! Thump!" as soon as you hear it, you know that the advertisement is Intel [micro-blog].

"I will definitely come back!" hearing this, most children can tell you accurately: "this is the classical lines of pleasant goat and grey wolf."

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< p > the newly revised < a href= "http://www.91se91.com/news/index_q.asp > > trademark law < /a > will be formally implemented in May 1, 2014. In the future, these labelled" voices "can also be registered as trademarks.

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< p > trademark is a "business card" of an enterprise. If the voice is taken as the iconic "business card", the premise is that the sound is familiar, so that people can think of this enterprise or a product when they hear it.

Luo Cheng, general manager of the online trading platform of the label, "Tao standard network", said that when Ge You said this sentence "Shenzhou line, I look at the row", there are many imitation products advertisements on the streets and alleys.

And radio stations often imitate Ge You's voice and do all kinds of publicity.

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< p > "Ge You's phrase is fully qualified to register as a trademark."

Luo Cheng believes that China Mobile [micro-blog] will not be registered by others if it does not register the distinctive character of the advertisement as a trademark.

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< p > reporter inquired carefully. The eighth article of the new trademark law clearly stipulates: "any mark that distinguishes the commodities of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and combinations of the above elements, can be applied for registration as trademarks."

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< p > "people who are familiar with trademarks know that because of the increasing importance attached to intellectual property rights by enterprises, plus the fact that many companies and individuals have made profits in rush for other trademarks, all two words, 3 words or even 4 words in Chinese have been registered as trademarks."

Wang Hao, general manager of Beijing Bai Shi Da Intellectual property company, believes that the new trademark law allows the voice to register as a trademark, which is undoubtedly an unprecedented massive resource pool.

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The data of < p > > a href= "http://www.91se91.com/news/index_c.asp" > SAIC < /a > show that as of the first half of 2013, the cumulative application volume and cumulative registration volume of trademarks in China were 12 million 210 thousand pieces and 8 million 174 thousand pieces respectively, with 6 million 808 thousand valid registered trademarks ranking first in the world.

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< p > reporters learned that many enterprises are actively planning their own "voice" trademarks, because trademarks are one of the core intellectual property rights of enterprises, and enterprises are very secretive about disclosing this information.

Wang Hao revealed that a clothing company has repeatedly consulted how to use its voice to set a distinctive mark on its own shop. "How can we make consumers login, then I can hear that I am a real flagship store?" another person in charge of communications industry said that the attraction of music was greater than that of words, and they hoped to customize a "voice" as the starting audio of enterprise products.

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< p > "actually in foreign countries, SONY studios, McDonald's [micro-blog], KFC [micro-blog] all have their own voice labels."

Wang Hao said that companies, no matter how they change the style of advertising, will end up with their own voice labels.

In fact, there are a lot of distinctive features, such as the sound of Windows starting, the ringing of apple, NOKIA [micro-blog], the knocking of QQ users, the start of "news broadcast", "Heng Yuan Xiang, sheep and sheep" and so on.

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< p > industry insiders predict that after the implementation of the new trademark law, the "sound war" will be imminent.

With the popularity of wireless networks, multimedia advertising can not only appear on the Internet, but also on WeChat mobile phones, blogs and all kinds of APP applications.

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< p > < strong > > a href= "http://www.91se91.com/news/index_f.asp" > well-known trademark < /a > is not honorary title < /strong > /p >

< p > a large number of products or will replace the packaging < /p >.

< p > yesterday, the reporter walked into a supermarket, noting that the products of "national well-known trademarks" can be found on every shelf: Pingyao beef jerky, Anxi Tieguanyin, Pixian bean paste, health pillow, household disinfectant cabinet......

In the thousands of categories of products in shopping malls and supermarkets, almost every category has products marked "national well-known trademarks", and such products also seem to have more advantages than similar products, and are more trusted by consumers.

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After the implementation of the new trademark law in May 1st next year, all of these products will be faced with the choice of re packaging the products for P.

Because the new law is clear: producers and operators should not use the words of well-known trademarks for commodities, commodity packages or containers, or for advertising, exhibitions and other commercial activities.

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"P >" many central enterprises that I have contacted have begun to change their packaging, while some SMEs believe that the honor they deserve should be publicized. Therefore, they are still on the sidelines. I wonder if there will be any rules for the implementation of the trademark law, which will change the regulations. "Wang Hao said that the packaging products of enterprises have spent a lot of manpower and material resources, so their ideas can be understood.

However, the trademark circles generally believe that the introduction of this regulation is an obvious improvement.

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Prior to "P", there were also Chinese "famous brand" products or "3. 15" logo certification products, such as fraud, quality problems and so on, and the departments concerned had to stop.

SAIC's relevant person in charge said that the essence of well-known trademarks is a protection of trademarks, which does not reflect the quality of goods and brand reputation.

But in reality, many enterprises will get well-known trademarks as a shortcut to improve the visibility and competitiveness of products, and even use advertising to mislead consumers.

It is unfair for some enterprises that have been identified to use this trademark to advertise.

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After the implementation of the new p trademark law, the protection of well-known trademarks emphasizes the principle of case handling and passive identification, that is, only when the trademark owners and trademark holders have disputes over rights, can they be identified through the Trademark Office, the trademark review board and the people's court designated by the Supreme People's court.

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< p >, which means that in the future, well known trademarks are not honorary titles, but merely a shield of the infringed enterprises.

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< p > < strong > news background < /strong > /p >

< p > the Trademark Law of the People's Republic of China was enacted in 1982. It is the first specialized intellectual property law promulgated after the reform and opening up.

The trademark law passed two amendments in 1993 and 2001. The fourth session of the Standing Committee of the twelve NPC voted in August 30th to adopt the decision of revising the trademark law again, and has been implemented since May 1, 2014.

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< < p > the new trademark law clearly defines the time limit for trademark registration examination for the first time. It requires that the trademark that applies for registration should be examined within 9 months from the date of receipt of the application document for trademark registration.

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< p > in addition, the new trademark law has established the legal status of the electronic application in the way of application. Adding voice can be used as a trademark registration application; simplifying the application process, changing from one category to one category, the applicant can apply for registration of the same trademark on a number of categories of goods through an application; the new trademark law also increases the maximum amount of infringement compensation from 500 thousand yuan to 3 million yuan.

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< p > < strong > News extension < /strong > < /p >

< p > can not prove that the use of prior < /p > within 3 years.

"P > trademark registration will be hard to get support" /p ".

"P" has always been a large number of registered companies in the trademark circle. As a "professional trademark Graber", they specialize in the opportunity to seize the trademark, timely "leak", register some valuable trademarks, and then seek to increase the price pfer. At least 10 times the profits of a trademark, and once the well-known companies need to buy trademarks, the cost of hundreds of thousands to tens of millions of yuan is also common.

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After studying the provisions of the new trademark law carefully, P discovered that the days of these "professional trademark snatch" will not be very good.

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< p > the new trademark law clearly stipulates: "before a trademark registrant applies for a trademark registration, others have already used a trademark identical to or similar to the registered trademark before the trademark registrant on the same commodity or similar commodity, and the exclusive right holder of a registered trademark has no right to prohibit the user from continuing to use the trademark in the original use scope, but it may require the appropriate trademark to be added to it."

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< p > "this piece seems to be puzzled, but in fact, it has blocked the profit channel of the trademark snatch."

An example of Wang Haoju: in 2001, Lenovo began to globalize the pace of development, but found that Lenovo's English name Legend was registered in the world by more than 100 companies, covering industries such as entertainment, automobiles and so on.

Legend has it that Lenovo tried to buy two in Europe, but soon discovered that he had to talk to more than 100 companies around the world to buy near the Arabian Nights.

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< p > April 28, 2003, Lenovo announced that it would spend a lot of money to replace "Legend" as "Lenovo".

If Lenovo does not buy its own "Legend" trademark or re register the new trademark, it will not be able to use the trademark that has been registered by others. Otherwise, it will violate the relevant laws and regulations.

According to the above provisions, if someone has registered the Lenovo trademark in China, it will not be able to prohibit Lenovo from continuing to use the trademark in the original use scope, so that the snatch will lose the capital of bargaining.

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< p > the new trademark law also stipulates: "the exclusive right holder of a registered trademark can not prove that the registered trademark has actually been used in the past three years, nor can it prove that the infringer is not liable for damages because of other losses caused by the infringement."

That is to say, when a small company earning profits solely for rush registration is unable to provide evidence of the actual use of the trademark in 3 years, the company that has been registered with the trademark does not need compensation.

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< p > "trademark for malicious rush, this will greatly reduce the profit margins of the snatch."

Wang Hao said that this clause draws lessons from the practices of some European Union countries, and trademark Registrators must prove that their trademark infringement has been used before.

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