Tencent Company submitted an application and hoped to register the QQ message's tone as a trademark. Since this voice has been well-known in China and has obvious characteristics, it was registered after the trademark was registered for Internet chat. , E-mail, and information transfer on 10 service items. However, after the application was submitted, the TRAB rejected Tencent's application for registration. After that, Tencent refused to accept the request for review and it was still rejected.
In accordance with the "Trademark Law" promulgated in 2014, any sign that distinguishes a product of a natural person, legal person or other organization from the merchandise of another person includes words, figures, letters, numbers, three-dimensional signs, color combinations and sounds, etc. The combination of elements can be registered as a trademark.
Therefore, Tencent rejected the decision of the Trademark Review and Adjudication Board and eventually filed a lawsuit request with the Beijing Intellectual Property Court.
Tencent believes that the characteristics of the QQ tone are clear, short and prominent, with the distinctiveness of the sound trademark. The QQ tone is widely used after a long period of time, and the user knows the 嘀嘀嘀嘀嘀嘀 嘀嘀嘀嘀嘀嘀 sound after hearing the 嘀嘀嘀嘀嘀嘀 嘀嘀嘀嘀嘀嘀 sound. The message prompt tone. The TRAB believes that the QQ prompt tone is relatively simple and lacks originality. The evidence provided by the company can only prove that the QQ software has a high reputation. It cannot prove that the prompt tone has distinctive features and it is difficult to differentiate the service source. Because of its role, it is not possible to register a trademark.
The court heard that although the QQ tones are only composed of the same sound element '嘀', the overall result is a brighter, continuous, and short-lasting effect on the perception of hearing. It has a specific rhythm and sound effects, and it is not a whole sound. Situation. QQ software has been used on the Internet since 1999 and has been familiarized and memorized by the public. The market share has a large influence and the voice has significant identities. Therefore, the decision to revoke the Trademark Review Board's decision was reviewed by the Trademark Review Committee. Decision.