The Determination of Sound Trademark Distinctiveness in Online Live Streaming Audio Effects

Abstract

With the continuous development of online live streaming, broadcasters have gradually developed exclusive live streaming audio effects to enhance the viewing experience. However, the issue of whether online live streaming audio effects have sound trademark distinctiveness still needs to be explored. Sound trademarks have characteristics such as invisibility, communicability, dynamism, and stability, which determine the basic conditions for the determination of sound trademark distinctiveness. Sound trademark distinctiveness is divided into inherent distinctiveness and acquired distinctiveness, both of which can be used as the basis for trademark distinctiveness determination. Based on the consideration of sound trademark distinctiveness, functional sounds and generic sounds should be excluded. The combination of sound with goods and services, the perspective of the general attention of the relevant public, the principle of starting from the whole, and the actual use of the sound should be used as the criteria for determining the distinctiveness of sound trademarks.