Abstract
Audio branding generates high profit when it becomes a famous trademark, thus, the registration and protection of trademark is of great significance. The EU and US admitted sound trademark in advance. To analyze the criterion of registration in those two jurisdictions can provide useful legislative experience for the study of sound trademark. Based on the comparative study, we thus can identify critical factors which influence an audio branding becomes a sound trademark.
Highlights
Audio branding, as a relatively new concept, has been widely used in practice
Audio branding generates high profit when it becomes a famous trademark, the registration and protection of trademark is of great significance
When we summarize the functions of audio branding, we are discussing them in a context that the audio brands are protected by the law
Summary
Some acoustic designs have already become famous marks, for example, “the lion’s roar of Metro-Goldwyn-Mayer” (US Trademark Reg. No 1395550.), “the Nokia ringtone” (US Trademark Reg. No 3288274), and Intel jingles. Behind those strong brands, high value and profit are generated beyond the product itself. The trademark, as an exclusive right, is an effective tool to protect brands. The registration of sound marks has become an international tendency. Audio designs need to meet the criteria before gaining the trademark protection. It is quite critical to discuss the registration criteria. I discussed three aspects of sound marks. I made a quick look at the current legislation situation in terms of sound trademarks in other countries, and summarized the major limitations in legislation
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