The opening sound of China Radio International has become the first sound trademark in China. This trademark was registered on May 14, 2016 in class 35, 38, 41 and 42 under No. 14503615, by China Radio International.
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Generally speaking, 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.
A sound trademark is invisible and it is not easy to keep evidence of its use in writing. 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.