The registration number of trademark application is 452 17353, and the application date is April 7, 2020. The international classification is advertising sales. The summary of the trademark shows that the trademark says "Oh, my God, buy it!" The voice of the famous anchor Li Jiaqi. .
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Registration of sound trademarks
In fact, the sound trademark was included in the Trademark Law of People's Republic of China (PRC) (hereinafter referred to as the Trademark Law) as early as 20 14. According to the Trademark Law, a sound trademark is a non-traditional trademark. Like other elements that can be used as trademarks (words, numbers, graphics, colors, smells, etc.). ), it is required to have the basic function of distinguishing the products or services of an enterprise from those of other enterprises, that is, it must have obvious characteristics and be easy for consumers to identify.
A well-known sound trademark case in China is the message prompt of Tencent QQ "Didi Didi Didi Didi", which is also the first sound trademark in China where a judicial decision takes effect. In addition, there are many well-known sound trademarks in the world, such as Microsoft's boot music, Apple's boot music, McDonald's "i'm lovin' it" advertising soundtrack, Nokia's default ringtone and so on.
However, it is difficult to apply for a sound trademark.
On the one hand, sound trademarks, like ordinary trademarks, need to be significant and non-functional. Significantness means that Article 9 of the Trademark Law stipulates that "it has distinctive features, is easy to identify, and must not conflict with the prior legal rights of others", that is, the sound must be sufficiently recognizable, and cannot be common sounds such as bird calls, dog barks, and car engine sounds. Non-functionality means that trademarks cannot be produced because of the nature of the goods themselves. For example, the voice of ATM counting money cannot register a trademark.
On the other hand, as a new trademark which was only incorporated into the trademark law in 20 14 years, the current review experience is not enough, and the number of applications so far is only 100, which also brings certain challenges to trademark applicants.