Sound trademarks are not protected by law in our country.

A sound trademark refers to a trademark consisting of a sound that can distinguish the source of goods or services. The United States, Australia, India and the European Union have all recognized sound trademarks in trademark law and law.

Sound trademark is a type of non-traditional trademark. Like other elements that can be used as trademarks (words, numbers, graphics, colors, etc.), it is required to be able to distinguish one company’s products or services from those of other companies. Or the basic functions that distinguish the service, that is, it must have distinctive features that are easy for consumers to identify.

The method of applying for a sound trademark is as follows:

1. Declaration in the application;

2. Describe the sound trademark in the trademark picture box ;

3. Submit sound samples that meet the requirements at the same time;

4. Explain how to use the trademark in the "Trademark Description" column of the "Trademark Registration Application".

To sum up, sounds can be registered as trademarks. The new Trademark Law 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 logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Legal basis:

Article 8 of the Trademark Law of the People's Republic of China

Any product that can combine the goods of a natural person, legal person or other organization with Marks that distinguish other people's goods, including words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Article 9

The trademark applied for registration shall have distinctive features and be easy to identify. The criterion for judging the distinctiveness of a sound trademark is whether consumers can distinguish the source of the goods or services from the auditory perspective based on the sound mark under normal circumstances of attention. For those general sounds that cannot realize the function of distinguishing the source of goods or services, such as ordinary birdsong and dog barking, trumpets, firecrackers, etc., they cannot be approved for registration.

Article 11

Specified exceptions for sound trademarks to acquire distinctive features through use. Generally speaking, sound trademarks need to be used for a long time to acquire distinctive features. The Trademark Office may issue an examination opinion, requiring the applicant to submit evidence of use and explain how the trademark has acquired distinctive features through use.