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Anonymous users2024-02-061. Legal basis.
Article 8 of the Trademark Law Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, may apply for trademark registration (the application can be made by marking the whole world).
Article 13 of the Regulations for the Implementation of the Trademark Law Where an application for trademark registration is made with a sound sign, a statement shall be made in the application, a sound sample that meets the requirements shall be submitted, a description of the sound trademark to be applied for registration, and an explanation of the manner in which the trademark is to be used. In the case of a sound trademark, the sound to be used for trademark registration shall be described in a stave or a simple notation, with a text description attached; where it cannot be described in stave or simple notation, it shall be described in words; The description of the trademark should be consistent with the audio sample.
2. Relevant Interpretations.
A sound trademark is a trademark consisting of the sound itself used to distinguish goods or services**. A sound trademark can be composed of a sound of a ** nature, such as a piece of music; Can be composed of sounds of a non-** nature, such as sounds of nature, human or animal sounds; It can also be composed of both ** and non-** sounds. This Part provides for the formal and substantive examination of applications for registration of sound marks.
The substantive examination of sound trademarks includes the examination of prohibited clauses, the examination of distinctive features, and the examination of identical and similar characteristics. The registrability of a sound mark is examined as a whole.
3. Formal examination of sound trademarks.
1) Where an application is made for the registration of a sound trademark, the applicant shall make a statement in the application.
b) Sound samples.
c) ** Nature sound trademark description.
4) Description of non-** sound trademarks.
5) Description of sound trademarks with both ** and non-** properties.
6) Trademark description and sound samples.
7) How to use.
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Anonymous users2024-02-05Sounds can be trademarked. Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, can be registered as a trademark. The main principles include:
1. A statement shall be made in the application, a sound sample that meets the requirements shall be submitted, a description of the sound trademark to be applied for registration, and a description of the use of the trademark.
2. To describe a sound trademark, the sound applied for use as a trademark shall be described in a stave or a simple notation, and a text description shall be attached.
3. If it cannot be described in stave or simple notation, it shall be described in words.
4. The trademark description should be consistent with the sound sample.
Legal basis: Trademark Law of the People's Republic of China Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, may be applied for registration as a trademark.
Article 13 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China Where a trademark is registered with a sound sign, a statement shall be made in the application, a sound sample that meets the requirements for voice sales shall be submitted, a description of the sound trademark for registration shall be submitted, and the manner of use of the trademark shall be explained. In the case of a sound trademark, the sound to be used as a trademark shall be described in a stave or a simple notation, with a textual explanation attached; where it cannot be described in stave or simple notation, it shall be described in words; The trademark description should be consistent with the decent voice sample.
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