Do you know what the examination criteria for distinctive features of voice trademarks are- Trademark of snakehead fish
Official WeChat

Please enter the correct mobile phone number
Your current location: home page > Trademark of snakehead fish > Trademark registration > General registration >

Do you know what the examination criteria for distinctive features of voice trademarks are?

Publishing website: Issued on: February 15, 2023 13:54:10

Voice trademarks follow the traditional principles, standards and rules of trademark distinctiveness. In general, trademarks are mostly displayed visually in the form of words, numbers, graphics, colors and other elements or combinations of elements. When used, trademarks are closely combined with goods or services, and the relevant public has formed a more solid visual cognitive habit of trademarks.

1、 The voice that only directly represents the content, consumption object, quality, function, use and other characteristics of the designated goods or services, lacks obvious characteristics.

2、 Other sounds lacking distinctive features include but are not limited to the following types:

1. The sound that is difficult to avoid or usually appears when using goods or providing services.

2. Sound or music commonly used in the industry.

3. An overly simple or complex sound.

4. A written phrase that is sung directly in a normal tone or simple melody.

The recognition of sound trademark is realized through hearing, and the attachment of sound to the broadcast carrier makes it difficult to intuitively and closely combine it with many goods and services. When it is used, it may only be recognized as background music or advertising. Even a unique sound does not naturally have the inherent significance of trademark, and it is difficult to play the function and role of distinguishing the source of goods or services.

In general, sufficient evidence is required to prove that voice trademarks can identify and distinguish the source of goods or services by obtaining distinctive features through long-term or extensive use.

The examination of distinctive features of sound trademarks, like the examination of distinctive features of traditional visible trademarks, should take into account the composition of the trademark itself, designated goods or services, cognitive habits of the relevant public and other factors, as well as the auditory perception, sound effect, use mode, duration, intensity of use, use of similar sounds by operators in the same industry Make a comprehensive judgment on the usage practices of trademarks in relevant industries, the advertising of voice trademarks and their effects, the awareness of the relevant public and other factors.

At the time of examination, an examination opinion may be issued, requiring the applicant to submit evidence of use, and to explain the situation in which the voice trademark has obtained distinctive features through use. The use of evidence needs to prove that the voice has the function of indicating the source of goods or services through use, that is, when the relevant public hears the voice, they first associate it with a specific source of goods or services, rather than the voice itself.

General registration
Trademark of snakehead fish
Chanyu trademark is a professional intellectual property agency. existing... [View details]

Trademark registration

patent application

Copyright Services

legal service

Trademark transaction

close

It's better to ask directly than to watch hard!! Trademark; Patents; Copyright; law