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Sep 13, 2016 (Newsletter Issue 16/16)
China
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First Sound Trademark Registered


In China the first sound trademark was registered on May 14, 2016, in class 35, 38, 41 and 42 under No. 14503615, by China Radio International.

A sound mark can acquire distinctiveness only through long-term use. In the examination process, the Trademark Office can issue office action requesting the applicant to submit evidence of use and explain how the trademark acquired distinctness.

In order to effectively protect the trademark rights and prevent the difficulty of proof when others apply to cancel the trademark due to non-use of three consecutive years, the trademark owner should pay attention to keeping evidence of use during daily operation. For example, if the trademark is used in a television advertisement, the contract and invoice for producing and publishing, the evidence of broadcasting shall be kept. If the trademark is used in an online medium, the use evidences is advised to be notarized.

Source: DEQI Intellectual Property Law Corporation, China