[Commentary] A few days ago, Li Jiaqi's company filed an application for the registration of a sound trademark on Li Jiaqi's mantra, which caused heated discussions. According to the search results of the enterprise search, Shanghai Jiajia Electronic Commerce Co., Ltd., the second largest shareholder of Li Jiaqi, submitted the trademark application on April 7. The trademark details show that "this sound trademark is added to the well-known network anchor Li Jiaqi's vocals, saying" oh my god, buy it and buy it! "The speech speed is fast, unrestrained and powerful, highly emotional, and the voice has a strong personal style and Recognition. "The application is currently in" pending review "status. Recently, the reporter conducted a random interview on the application for registration. Many interviewees said that they can register as a trademark without knowing the voice before seeing the relevant news.

  [Same period] Ms. Min Zhou, Beijing

  I am shocked. I feel shocked that this sentence can also be registered as a trademark. I did n’t know that sound can be registered as a trademark.

  [Same period] Ms. Zhao, a citizen of Beijing

  Those brands and logos that are unique to others can be registered, and the company has registered a trademark or something, but the sound (trademark) is really the first time I heard that it is particularly novel.

  [Commentary] It is reported that Li Jiaqi's response to the application was a protective registration. During the interview, most of the people interviewed expressed their understanding of the trademark application behavior.

  [Same period] Ms. Zhao, a citizen of Beijing

  He may also be afraid that others will use his (voice) to speculate. I think for him and the company, (registered voice trademark) is okay.

  [Same period] Ms. Li Li, Beijing

  It ’s good that he wants to register successfully. It ’s better to increase your awareness of rights protection.

  [Same period] Mr. Beijing Minsun

  For Li Jiaqi, his trademark application is to protect his rights. Because it belongs to his personal label, as long as he says (hears) this voice, I think everyone will think it is Li Jiaqi. If he applies this thing, when other people say this again, ordinary people will have an impact. I do n’t think it ’s appropriate. If it does n’t affect what others say, the language of life is still (can) be said. It ’s okay for him to apply for a trademark.

  [Explanation] In this regard, Zhao Zhan, a special researcher and lawyer of the Intellectual Property Research Center of China University of Political Science and Law, said in an interview that the new "Trademark Law" implemented from May 1, 2014 stipulates that voices can be registered as trademarks. Registering a sound trademark is not easy, and whether it is distinctive is the core of sound trademark examination.

  [Same period] Special researcher of Intellectual Property Research Center of China University of Political Science and Law

  Since the implementation of the new trademark law in 2014, there have been more than 500 sound trademark applications for registration, but in the end, there were more than a dozen (only) successful registrations. If the registered trademark is successful, it must have distinctiveness. The sound trademark has higher requirements for distinctiveness. As soon as the ordinary public hears this voice, they can know who provided the goods or services. Can achieve such distinctiveness, and then can be used as a trademark.

  【Explanation】 Zhao Zhan said that usually sound trademarks can have distinctive features only during long-term use. Whether Li Jiaqi's mantra meets various standards still needs to be further examined by the relevant departments. Even if the sound trademark registration is successful, it does not mean that others will not be able to express this sentence normally.

  [Same period] Special researcher of Intellectual Property Research Center of China University of Political Science and Law

  Neither other anchors nor ordinary netizens will say that I can't say this sentence anymore. This is not the content that this sound mark is to protect. What the sound trademark protects is not text, but the sound that is protected is distinctive. If his trademark registration is successful, for example, some other anchor also uses the same or similar sound, and then take the goods, everyone listens to the sound, if he does not look at his face, he thinks it is Li Jiaqi, then in this case May constitute trademark infringement.

  [Explanation] In addition, Zhao Ouqi also said that even if the sound trademark failed to be registered successfully, imitating the tone of Li Jiaqi ’s mantra tone without permission, and expressing or implying that its sales service is related to Li Jiaqi, and it is illegal to induce consumers to confuse. Li Jiaqi and his company can also sue each other in accordance with the "Anti-Unfair Competition Law" to protect their legitimate rights and interests.

  Cheng Yu Beijing Report

Editor in charge: [Li Ji]