Voice trademark is a non-traditional trademark, which is the same as other elements that can be used as trademarks (words, numbers, graphics, colors, smells, etc.). ), which requires the basic function of distinguishing the products or services of an enterprise from those of other enterprises, that is, it must have distinctive features and be easy for consumers to identify. The sound trademark was used in the marketing field earlier, but it is usually not regarded as a trademark because it is different from the traditional trademark and has invisible characteristics. Therefore, the protection of sound trademarks has always been a difficult problem. It was not until the appearance of the TRIPs Agreement of the World Trade Organization that this issue made progress. Article 15 of the Agreement on Trade-related Aspects of Intellectual Property Rights stipulates that "any mark or combination of marks shall constitute a trademark as long as it can distinguish the goods or services of one enterprise from those of other enterprises." As a basic requirement for the contracting state, although it has reservations about visibility, it at least provides a basis for the registration of intangible signs.

In the market application, the voice trademark has developed in many forms, the most common being voice recognition. In the practice of China's trademark law, the famous announcer Li Yang's "Haha, the funny voice of the bully" was adopted as the trademark, which created the precedent of China's voice trademark.