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Are there any specific requirements for sound trademark applications? Can any kind of sound be applied for?
Release Time：
2014-08-15
Published：2014-08-15 09:26 Information source：State Administration for Industry and Commerce Trademark Office
Article 8 of the Trademark Law of the People's Republic of China provides that any sign capable of distinguishing the goods of a natural person, legal person or other organization from those of others, including words, graphics, letters, numerals, three-dimensional symbols, color combinations and sounds, as well as combinations of the foregoing elements, may be applied for registration as a trademark.
Paragraph 5 of Article 13 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China stipulates that where an application for trademark registration is filed for a sound mark, it shall be declared in the application, and a sample of the sound that meets the requirements shall be submitted, describing the sound mark for which registration is applied for and the manner in which the mark is to be used. To describe the sound mark, the sound applied for as a trademark shall be described in pentatonic score or simple score with additional textual description; if it is impossible to be described in pentatonic score or simple score, it shall be described in text; the description of the trademark and the sound sample shall be consistent. Specific requirements are as follows:
Application for registration of a trademark by a sound mark shall be declared in the application, and the sound mark shall be described in the trademark drawing box, and at the same time, the sound samples shall be submitted to meet the requirements, as well as in the "Application for Trademark Registration" "Trademark Description" column to explain the use of the trademark.
(A) Description of the sound mark. The sound applied for as a trademark should be described in five-string or simple music and additional text description; if it is impossible to describe in five-string or simple music, it should be described in text.
(B) Requirements for sound samples
1. If an application for registration of a sound trademark is submitted in paper form, the audio file of the sound sample shall be stored in a read-only CD-ROM, and there shall be only one audio file in the CD-ROM. If an application for registration of a sound trademark is submitted by means of data message, the sound sample shall be correctly uploaded in accordance with the requirements.
2. The audio file of the sound sample shall be less than 5MB and in the format of wav or mp3.
(C) The description of the trademark and the sound sample shall be consistent.
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