background
On May 13, according to Tianyan data, Shanghai makeup good e-commerce Co., Ltd. applied for the registration of the sound trademark "oh my God, buy it and buy it!", The category of trademark application is category 35 (advertising sales), and the current status is waiting for review. This voice trademark, "oh my God, buy it!",read by Li Jiaqi, a famous online anchor.The voice is fast, vigorous and emotional, and has a strong personal style and recognition.
Li Jiaqi has a magic voice. Whenever he reads this magic statement, he always has the impulse to buy the items he recommended , and he has a very discerning degree. Now the magic voice is also applying for trademark registration. Is the era of sound trademark coming?
The history of sound trademark
1、 The birth of the first sound trademark in the world
The world's first sound trademark is NBC trilogy of NBC, which was registered in the U.S. patent and Trademark Office in 1931. The trilogy was first created by WSB radio in Atlanta for their own program. A member of NBC heard it one day during the broadcast of the Georgia Institute of technology football match, and then asked for permission to use it on radio America.
Then, there are "song of Nokia", "Apple boot voice", "lion roar" and other famous voices in the world to apply for trademark registration. With so many familiar sounds in our life, and the sound has entered a brand era.
2、 The first trademark in China
Article 32 of China's trademark law stipulates that "the application for trademark registration shall not damage the prior rights of others, nor shall it rush to register the trademark that has been used by others and has certain influence by improper means."
Trademark registration application can not infringe the prior rights of others. In some film and television works, for example, the trademark "star arrow of the saint fighter" infringes the design text of the title of the animated film "star arrow of the saint fighter". In this field, trademarks are more likely to infringe the prior rights of copyright and the prior right to use.
3、 Specific directional sound
Sound becomes a registered trademark, which is different from traditional trademarks such as words and figures. As long as it is not a place name or uncivilized language prohibited by law, and it has not been registered by others, it can be registered as a trademark.
Voice logo is a very short unique tune or melody, it can not be a song, but some short sentences such as Motorola's "Hello, moto". However, the universal and functional sound can not be registered. For example, "beep beep" can not be registered as the sound trademark of microwave oven industry, and "Ding Ding" can not be registered as the sound trademark of baby disinfection cabinet after disinfection.
Article 13 of the regulations for the implementation of the Trademark Law: "in applying for trademark registration with a sound mark, a declaration shall be made in the application form, a sound sample conforming to the requirements shall be submitted, the sound trademark applied for registration shall be described, and the mode of use of the trademark shall be explained. When describing a sound trademark, it shall describe the sound applied for as a trademark in the form of a staff score or a simplified score, with additional words; If it is impossible to describe it by staff or simplified notation, it shall be described in words; The trademark description shall be consistent with the sound sample. "
Message from Haijun
In the field of trademark application and registration in China, literal trademark plays the role of word-of-mouth communication through language transmission, graphic trademark impresses customers through eye observation, and sound trademark has a more three-dimensional perception of products through ear listening. Have you found that our facial features are being actively mobilized to have a deeper perception of products, to improve the recognition of the business further, which also means that the current form of trademark contains great economic value.
If the brand of an enterprise has not only text trademark and graphic trademark, but also sound trademark, the consumers and customers may have a deeper association with merchants in the conditioned reflex of facial features, it will bring more market value and gain better market share for the enterprise.
Haijun team has more than ten years of rich experience in the field of trademark application. We give professional advice and opinions to customers. Through brand positioning, strategic planning, promotion and publicity, we tailor trademark layout and brand strategy for customers on the basis of retrieval, evaluation and analysis, so as to help enterprises use brand effect to obtain more commercial profits and improve market share.