Sound marks refer to those marks composed of sounds that can distinguish products or origins of services from those of others. Such marks can be composed of musical tones, e.g., musical composition, or non-musical tones, e.g., sounds unique to natural environment and voices of human beings and animals or a combined sound with musical and non-musical tones.
China’s first sound mark “Opening Music of China Radio International (CRI)” passed examination according to the Trademark Law and was granted provisional approval and published in the Trademark Gazette on February 13, 2016. Upon information, a total of 450 sound marks had been applied for by the end of January 2016.
To follow the international trend of registering trademarks and the demand for independent innovation by enterprises, Chinese Trademark Law revised in 2013 allowed sound marks to be subject of applications for registration as a trademark. Article 8 stipulates that any signs, including words, figures, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the aforementioned elements, which are capable of distinguishing the goods of one natural person or one legal person or other organization from those of others may be the subject of applications for registration as a trademark.
CTMO started to accept and examine sound marks since May 1, 2014 and issued Rules about Formal and Substantial Examination of Sound Marks (Draft) by learning from examination of sound marks in foreign countries. At the same time, CTMO strictly follows legal procedures and examination standards in its examination of sound marks and approves the registration of those sound marks that are in compliance with laws and regulations. The examination of sound marks follows the same standards for visual marks, with examination of prohibitory provisions, distinctive features and similarity. Generally, sound marks can only be distinctive through long-term use. In other words, such sound marks can only be approved to be registered as trademark after a specific connection is established between a certain sound and a product or service by consumers.
