Abstract:In the era of knowledge economy, intellectual property rights including trademark rights have become an important indicator to measure the core competitiveness of enterprises. China stipulated in the“Trademark Law”in 2013 that sound can be used as a constituent element of a registered trademark, providing a new path for enterprises to apply for a registered trademark. However, at present, the number of sound trademark regis? trations in China is relatively small, which indicates that the examination standards for sound trademarks are not yet mature. The standard for judging the distinctiveness of sound trademarks is not clear, leading to difficulties both in legislation and practice. According to the traditional trademark law’s distinctiveness theory and interest balance theory, the distinctiveness judgment of a sound trademark should be made from both the distinctiveness of the sound trademark itself and the acquisition of distinctiveness by use. In particular, it should be combined with the particularity of the sound, and it is recommended to judge the distinctiveness of the sound trademark based on the relevant public’s awareness of the sound trademark and the use of the trademark owner.