In Chinese trademark law, a sound mark is a newer type of trademark based on sound. Like conventional trademarks, it requires fundamental distinctiveness from the marks used for other businesses’ goods and services. Despite their ubiquity, sound marks are a challenging issue for trademarks because consumers tend not to recognize sounds as trademarks for businesses.
Requirements
There are several requirements to register a sound mark in China:
1. The sound must strictly follow the law and cannot include sounds from the National Anthem or songs of the People’s Liberation Army;
2. Consumers hearing the sound should be able to make an immediate connection with the associated goods or services;
3. Like conventional marks, sound marks cannot be the name of a place, offensive, or already registered by another business. Furthermore, a sound mark should already be known to the general public and have an identifiable reference point.
In the thinking of Chinese trademark policy, sound marks are utilized as part of branding strategies that speak to what a product or company is or represents. Furthermore, they also are used to improve the customer experience with the product or service and deepen their relationship with the brand. The sounds used in sound marks improve user engagement by adding multimedia depth to their experience, thus connecting the brand with sound marks facilitates the communication of the brand’s essence to consumers.
Sound marks are commonly used as part of the user experience with cell phones, computers, and audio devices. These sounds enable consumers to better understand the company’s vision. Sound artists, designers, and marketers in China also currently use sound marks to convey their ideas about their brands.
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