騰訊爲QQ提示音註冊商標 兩次遭拒後正式上訴

China's Internet giant Tencent has sued the country's Trademark Review and Adjudication Board (TRAB) after its application to trademark QQ's beeping sound was rejected by the latter.

在中國互聯網巨頭騰訊申請將QQ的提示音註冊爲商標遭拒之後，該公司將國家工商行政管理總局商標評審委員會告上了法庭。

Tencent QQ, one of the most popular instant messaging software services in China, applied to register the signature "Di-Di-Di-Di-Di-Di" notification sound as its trademark in 2014, which is permitted by China's Trademark Law as long as the sound can be easily distinguished.

《商標法》規定，只要聲音具有辨識度就可以註冊。作爲中國最受歡迎的即時通訊應用之一，騰訊QQ早在2014年就提出將"滴滴滴滴滴滴"提示聲作爲聲音商標。

Tencent's application was later turned down by TRAB, with the explanation that the sound was "simple and not creative," lacking in any distinctive traits.

但騰訊公司的申請最終被商標評審委員會駁回，原因是它"簡單，缺乏顯著性"。

"We have checked many sound trademarks approved by other nations, including the famous lion roar of Metro-Goldwyn-Mayer. Most sound trademarks last less than five seconds and are quite simple. By TRAB's standards, they also could not be registered as trademarks," said Huang Yibiao, a lawyer for Tencent, during the court hearing on Dec. 6.

在12月6日的庭審上，騰訊公司代理律師黃義彪介紹："我們查了外國的許多聲音商標，包括著名的美高梅公司的'獅吼'，這些商標通常基本沒有超過5秒的，也都很簡單。如果按照商標委的標準，這些聲音都不能被註冊。"

According to Huang, due to QQ's popularity in China, the public has already connected the beeping sound with QQ's services, which means it does possess distinctiveness.

黃律師表示，由於QQ在中國的普及度，用戶聽到這個聲音後就能直接對應QQ即時通訊服務，這意味着它的確具備辨識度。

TRAB, on the other hand, holds a different opinion. It reiterated that Tencent's notification sound is merely a repetition of notes, which is not distinctive at all.

然而，商標評審委員會卻持不同觀點。商評委強調，騰訊QQ提示音只是簡單的音節重複，缺乏顯著特色。

According to TRAB, the board is very careful about approvals of sound trademarks, with few successful cases so far. The court will release its final verdict at a later date.

該部門還稱，聲音商標註冊的審覈工作是相當謹慎的，至今得以通過的都比較少，並表示會在晚些時候給出最終裁決。

Tencent's accusation has stirred up online debate, with some netizens supporting the company's appeal and others calling it a joke.

騰訊的這一上訴引起了網友們的熱議。一些網友支持此商標申請，也有人認爲這是一個笑料。

"I have been using QQ my whole life. Though the sound is quite simple, it always reminds me of QQ services when I hear it. I think the board should agree to make it QQ's trademark," one netizen wrote.

某網友說，"我一直都在使用QQ。儘管這個聲音很簡單，但當我聽到它，確實就會馬上意識到是QQ的消息提示。我認爲商標委應當通過這個聲音商標。"

Not everyone agreed, however. "The beeping is QQ's online notification sound. Do you know that its offline notification sound is actually human coughing? Would we be banned from coughing if the board approved QQ's appeal? That would be hilarious," another netizen wrote

不過，並非所有人都這麼認爲。另一網友說，"'滴滴滴滴滴滴'是QQ的上線提示音。但你知道它的下線提示音事實上就像是有人在咳嗽嗎？如果商標委通過了這個申請，以後大家是不是都不能咳嗽了？那多荒謬呀！"