What are the specific requirements for a sound trademark application? What are the vetting criteria?
What are the specific requirements for a sound trademark application? Can I apply for any voice?
Article 8 of the Trademark Law of the People's Republic of China stipulates that 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 the combination of the above elements, may be applied for registration as a trademark.
Article 13 (5) of the Regulations on the Implementation of the Trademark Law of the People's Republic of China stipulates that an application for trademark registration with a sound sign shall be declared in the application, a sound sample meeting the requirements shall be submitted, a description of the sound trademark applied for registration shall be given, and the use of the trademark shall be explained. To describe a sound trademark, the sound applied for use as a trademark shall be described with a staff or simple notation and accompanied by a written description; If it cannot be described by staff or simple notation, it shall be described in words; The trademark description should match the sound sample.
Specific requirements are as follows:
Where an application for the registration of a trademark with a sound sign is made, it shall be declared in the application, and the sound trademark shall be described in the trademark pattern box, and the sound sample that meets the requirements shall be submitted, and the use of the trademark shall be explained in the "Trademark Description" column of the "Trademark Registration Application".
(1) Description of sound trademarks. The sound applied for use as a trademark shall be described with a staff or simple notation and accompanied by a written description; If it cannot be described by staff or simple notation, it shall be described in words.
(2) Requirements for sound samples
1. Where an application for sound trademark registration is submitted in paper form, the audio file of the sound sample shall be stored on a CD-ROM, and there shall be only one audio file in the CD-ROM. Where an application for registration of a sound trademark is submitted by means of a data message, the sound sample shall be correctly uploaded as required.
2. The audio file of the sound sample should be less than 5MB and in wav or mp3 format.
(3) Trademark description and sound sample should be consistent.
By what criteria are sound marks examined?
Answer: The examination criteria for sound trademarks are as follows:
(1) Review of prohibited terms
Sounds that are prohibited from being used as trademarks, such as: sounds that are identical or similar to the melody of national anthems, military songs or international songs of our country or foreign countries; Harmful sounds such as religious music or terrorist violence.
(2) Review of significant characteristics
1. The sound that directly represents the content of the specified goods or services, the object of consumption and other characteristics lacks significant characteristics. For example, the sound of piano playing is used on the "instrument"; Children's laughter is used in "baby milk powder"; Dog barking or cat barking is used in "pet keeping";
2. Other sounds that lack distinguishing features, such as simple, common tones or melodies; A complete or lengthy song or piece of music; Sing and shout common slogans or slogans directly in ordinary tones; A music or sound commonly used in an industry.
Under normal circumstances, sound trademarks need to be used for a long time before they can achieve significant characteristics. The Trademark Office may issue an examination opinion, requiring the applicant to submit evidence of use, and explain the distinctive features obtained through the use of the trademark.
(3) Identical approximation review
In principle, sound marks are subject to the same approximate examination based on listening to sound samples. If two sound marks or sound marks and visual marks are likely to cause confusion and misidentification of the source of the goods or services by the relevant public, or believe that there is a specific connection between them, they are judged to be the same or similar trademarks. For example, the sound trademark of "Good neighbor of correspondence" and the word trademark of "good neighbor of correspondence" constitute a similar trademark.