Since 2014, sound marks are registrable as a trademark in China after the amendment of the Trademark Law of the People’s Republic of China. Thus, start or ending songs of programs or musical advertisements can seek a protection by the Trademark Law. However, until 2018, only 21 sound marks were allowed to be registered out of a total of about 500 sound marks application.
BMW AG applied for a sound mark registration including a piece of instrumental used in commercial activities and at the end of BMW commercials. First, its application was rejected on grounds of the lack of distinctiveness.
After filling an application for reexamination of the rejected trademark with the Trademark Review and Adjudication Board of SAIC, the application was granted. Thus, the piece of instrumental was registered as a sound mark. The distinctiveness of the sound was based on ‘the originality and inherently distinctive features of the mark’ and ‘the ability to identify the sources of goods.
Also in China, sound brands will become more important in the future. Apply for protection on time. We help you with the registration of sound marks in China.