When the China Trademark Law was revised in 2013 it provided for
the registration of non-traditional trade marks, including sound
marks. Since that time, the China Trademark Office has received
more than 450 applications for sound trademarks. Of these, the
first registration has recently been recently granted.
This type of mark comprises a sound that is considered
sufficiently distinctive to identify the commercial origin of a
product or service and to distinguish it from similar products or
services of other providers. In contrast to more traditional word,
figurative and other visible trade marks, sound marks help
consumers distinguish a particular source of product or service
through the medium of hearing. Typical sound marks include the
widely recognised "I'm lovin' it" jingle of
McDonald's Corporation and the roaring lion of MGM Studios.
The law in China specifically prohibits from registration any
sound mark that is considered similar to the national anthem, the
army song or the Internationale, or anything conveying a
"negative social influence". Also, sounds that are devoid
of distinctiveness, such as music notations which are too simple or
too complicated, are deemed unregistrable. When making an
application to register a sound mark the applicant is required to
specify the manner of use of the sound mark and submit a sample of
the sound in the form of a .wav or .mp3 file not in excess of
China's first sound mark registration has been awarded to
the 40-second opening tune of China Radio International, which has
been widely broadcast on the radio for many years and has become
the unique signature of China Radio International.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
The Policy stresses on the need for a holistic approach to be taken on legal, administrative, institutional and enforcement issues related to IP.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).