Nontraditional trademark

There are many kinds of trademarks, the common ones are graphics or letters, or a combination of the two. This is also a common trademark that we often see. However, in August, 20 14, the Trademark Law, which was revised for the third time, clearly stipulated the sound trademark, and it came into effect in May, 20 14. Sound trademarks are not new in the United States and other countries, but they are new in China.

First of all, the sound trademark is a non-traditional trademark. Like other elements that can be used as trademarks (words, numbers, graphics, colors, etc. ), it is necessary to have the basic function of distinguishing one enterprise's products or services from another enterprise, that is, it must have obvious characteristics and be easy for consumers to identify.

Generally, only after long-term use will it produce obvious characteristics. In other words, a certain voice of consumers can only be registered as a trademark if it has some connection with the provider of goods or services.

In the practice of trademark law in China, the familiar bully game machine pioneered the sound trademark in China, which was said by the famous announcer Li Yang? Haha, is bullying fun? Sound as the sound trademark of bully game machine.

Second, the law stipulates the trademark law.

Article 8 Any sign that can distinguish the commodities of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional signs, color combinations, sounds and combinations of the above elements, may apply for registration as a trademark.

Three. Li Jiaqi applied for a sound trademark. According to the relevant publicity results, the registration number of the sound trademark applied by Li Jiaqi was 452 17353, and the application date was April 7, 2020. The international classification of sound trademarks is advertising sales. According to the outline of the trademark, the trademark was read by the voice of the famous anchor Li Jiaqi? Oh, my God, buy it, buy it! ? Apply as a sound trademark.

But on February 4th, 2020, 65438+, Li Jiaqi Company applied for registration? Oh, my God, buy it, buy it! ? The sound trademark was rejected by the relevant state administrative organs.