China Approves Signature Tune of China Radio International as its First Sound Mark
The China Trademark Office (CTMO) has approved on 14 May 2016 the registration of the country's first-ever sound trademark — the signature tune of the state-owned radio broadcaster China Radio International (CRI) — for use on services such as TV broadcasting, radio broadcasting, and providing telecommunications connections to a global computer network in class 38 as well as production of radio and television programs and radio entertainment in class 41.
The signature tune consists of 18 bars and lasts 40 seconds, and has been used since 1 July 1998. During the trademark prosecution process, three rectifications were made by CRI, to supplement information at the request of CTMO in respect of the theme and concept of creation, music score analysis, as well as evidence of use and influence of the sound sign. And 317 audios and written materials along with 50 plus third-party audience surveys were submitted by CRI to satisfy the requirements on sustained and extensive use, influence, and distinctiveness of the mark before the application was finally approved.
In China, sound marks were rendered registrable by the latest revised Trademark Law (2014) following the removal of the requirement that a mark must be visual from the relevant provisions.
