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What criteria are used to examine sound trademarks?
Release Time：
2014-08-15
Published：2014-08-15 09:33 Information source：State Administration for Industry and Commerce Trademark Office
The standard of review for sound marks is as follows.
(I) Examination of Prohibited Clauses
Sounds that are prohibited from being used as trademarks, such as: sounds that have the same or similar melody as the national anthem, military anthem or international anthem of our country or a foreign country; religious music or sounds with undesirable effects such as terrorist violence.
(II) Examination of distinctive features
1. Only directly expresses the content of designated goods or services, consumer objects and other characteristics of the sound, the lack of distinctive features. For example: piano playing sound used in the "musical instruments"; children's laughter used in the "baby formula"; barking dogs or cats used in the "pet breeding";
2. Other sounds that lack distinctive features, such as: a simple, ordinary tone or melody; a complete or lengthy song or piece of music; a common slogan or slogan sung in a normal tone of voice; music or sounds common to the industry.
Typically, sound trademarks need to be used over a long period of time to acquire distinctive character. The Trademark Office may issue an examination opinion requesting the applicant to submit evidence of use and to explain that the trademark has acquired distinctive features through use.
(III) Examination of Similarity and Identity
In principle, the sound trademark to listen to the sound samples for the examination of identical similarity. If two sound trademarks or sound trademarks and visual trademarks are likely to confuse the relevant public about the source of goods or services, or if there is a specific connection between the two, the trademarks will be judged to be identical or similar. For example, the sound mark "Good Neighbor for Communication" and the word mark "Good Neighbor for Communication" are similar trademarks.
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