"OMG, buy it, buy it!" Applying to register a sound trademark, can Li Jiaqi monopolize its usage rights?

[2] After Li Jiaqi became famous, every move he makes is thrust into the spotlight.

[3] On May 13, the ongoing heated discussion about Li Jiaqi's affiliated company, Shanghai Zhuangjia E-commerce Co., Ltd., applying for registration of the sound trademark "oh my god, buy it buy it!" continued.

 

 
[4] Can sounds also be registered as trademarks?
 
[5] Sound trademarks are a type of non-traditional trademark. Like other elements that can serve as trademarks (such as words, numbers, graphics, colors, etc.), they must have the basic function of distinguishing the products or services of one enterprise from those of others, meaning they must possess distinctiveness for easy consumer recognition. In 2014, the amendment to the Trademark Law added sound as an element eligible for trademark registration.

 

[6] What conditions are required for registering a sound trademark?
 
1. Sound must become a registered trademark in strict accordance with legal regulations, and cannot abuse the prohibited clauses of the Trademark Law, such as military songs and national anthems.
 
2. Sound must be distinctive and unique, immediately triggering consumer associations with the product, commonly known as a conditioned reflex.
 
3. Sound becoming a registered trademark differs from traditional trademarks like text and graphics, which can be registered as long as they are not place names or legally prohibited uncivilized terms and are not already registered by others. Sound trademarks are sounds already familiar to the public with specific directional associations.
 
4. Process for registering a sound trademark
 
5. The registration process for a sound trademark is the same as for ordinary trademarks, except for the materials submitted. In addition to submitting proof of the applicant's identity, a declaration must be made in the application form, a description of the sound trademark must be provided in the trademark pattern box, a compliant sound sample must be submitted, and the method of trademark use must be explained in the "Trademark Description" column of the Trademark Registration Application.
 
6. Description of the sound trademark. The sound to be used as a trademark should be described using staff notation or numbered musical notation, supplemented with written explanations; if it cannot be described using staff notation or numbered musical notation, a written description should be used.
 
2. Requirements for sound samples:
 
① If applying for a sound trademark registration in paper form, the audio file of the sound sample should be stored on a read-only CD, and the CD should contain only one audio file. If applying for a sound trademark registration via electronic data message, the sound sample should be uploaded correctly as required.
 
 
② The audio file of the sound sample should be less than 5MB, in wav or mp3 format.

3. The trademark description should be consistent with the sound sample.

Sound trademarks have been applied relatively early in the marketing field, but because they differ from traditional trademarks and have the characteristic of being invisible, they are often not regarded as trademarks. Therefore, the protection of sound trademarks has always been a challenge. This issue only made progress with the emergence of the WTO's TRIPs Agreement. Article 15 of the TRIPs Agreement stipulates that "any sign or combination of signs, capable of distinguishing the goods or services of one enterprise from those of other enterprises, shall be capable of constituting a trademark." This is set as a basic requirement for contracting parties. Although there are reservations regarding visibility, it at least provides a basis for the registration of invisible signs.
 
According to media reports, the sound trademark applied for by Li Jiaqi is still under review.
 
A lawyer from Guangdong Zhiming Law Firm stated,In practice, registering a sound trademark is quite difficult, with a very low success rate. For Li Jiaqi to succeed in registration, he must first submit substantial evidence proving that the trademark has gained strong distinctiveness through long-term use, and this is only "the first step of a long march."
 
If Li Jiaqi successfully registers it, can we still use this phrase?
 
The answer is yes.
 
What is registered is "Li Jiaqi saying: OMG buy it buy it." It is the phrase spoken by him that becomes the trademark, not the phrase itself. Even if the registration is successful, it only means that the audio of him saying it cannot be used casually, not that we can no longer say or use this phrase.