Sound Marks in China and AI Voice Cloning: What Brand Owners Can Protect
Italy's Prime Minister Giorgia Meloni has applied to the EUIPO for a sound mark: a recording of about four seconds in which she says "Io sono Giorgia Meloni" twice, reportedly to counter AI voice cloning (news). Days earlier, the Tokyo District Court recognised that a voice is protected by the right of publicity in a case brought by voice actor Kenjiro Tsuda against an AI-dubbed account (news). The two stories raise different questions: can a sound be registered as a trademark, and what can be done when a voice is cloned by AI? This guide answers both under Chinese law and sets out practical steps for brand owners.
China accepts sound marks
Article 8 of the Trademark Law, as amended in 2013 and in force since 1 May 2014, lists sounds among the elements that can be registered. Jingles, start-up sounds, notification tones and fixed spoken taglines can all be filed, provided they distinguish the owner's goods or services from others'.
The Implementing Regulations require a sound mark application to:
- declare that the mark is a sound mark;
- include a compliant sound sample;
- describe the mark: in staff notation or numbered musical notation with a written explanation where the sound can be written as music, otherwise in words;
- explain how the mark is used.
The description must match the sample. File formats and submission methods follow CNIPA's current requirements. Sound marks can also be extended to China through the Madrid System.
The hard part is distinctiveness
Most refusals cite lack of distinctiveness. Simple tones, sounds common in an industry and sounds the product itself makes (a bottle opening, an engine) are not usually seen as brand identifiers. Many sounds only become distinctive through long use.
Tencent's "di di di di di di" QQ notification tone was the first sound mark case in a Chinese court. Filed in 2014, it was refused and the refusal was upheld on review. The Beijing IP Court set the review decision aside, and the Beijing High People's Court upheld that judgment in 2018, finding that through long and continuous use the sound identified the source of the services on which it was used.
For foreign brands: assess whether the sound will be recognised as a brand, file in the classes where it is actually used, and keep evidence of use in China, such as media buying records, play counts and consumer surveys. Chinese class and subclass practice is covered in six common Nice class mistakes in China; search before filing as explained in what a clearance search covers. Under Article 10, sounds identical or similar to the national anthem or military songs cannot be used as marks.
What a sound mark protects, and what it doesn't
The Meloni report makes the limit clear. A trademark protects source identification for the listed goods or services, within the scope of the recorded sound. Registering a spoken phrase does not create a monopoly over a person's timbre or way of speaking. Using AI to make a similar voice say something else, in another context, is not necessarily trademark infringement.
AI voice cloning: China uses personality rights
Article 1023(2) of the Civil Code provides that the protection of a natural person's voice applies, mutatis mutandis, the rules on portrait rights. On 23 April 2024, the Beijing Internet Court ruled at first instance in an AI-generated voice case:
- the plaintiff, a voice actor, found an AI version of the plaintiff's voice sold through a text-to-speech app;
- the court found the AI voice matched the plaintiff's timbre, intonation and pronunciation closely enough that ordinary listeners in the field would associate it with the plaintiff, so the plaintiff's voice rights extended to the AI voice;
- a sound-recording owner holds copyright and related rights in the recordings, but that does not include authorising others to make AI use of the speaker's voice;
- the defendants concerned were ordered to apologise in writing and pay RMB 250,000 in damages.
The Tokyo ruling takes a similar line: a voice, like a likeness, symbolises personality, and using it without consent purely to exploit its customer appeal may infringe the right of publicity. In that case, though, all claims were dismissed because the account had been deleted and there were no videos left to remove.
What to do
- Brand sounds: for jingles, tones and fixed readings of a slogan, assess distinctiveness, file sound marks in China and keep use evidence by class. A spoken slogan can also be filed as a word mark.
- Voice actors, hosts and ambassadors: contracts should state where, on which platforms and for how long the voice may be used, and whether it may train AI models or generate new content. The Beijing case shows a recording licence does not automatically cover AI use.
- Companies using AI voices: get written consent before using an AI voice that identifiably resembles a real person, and confirm the voice model's training source.
- If a clone appears: secure evidence early, including accounts, content, views and revenue. The Tokyo case shows a takedown request loses its target once the account is gone.
FAQ
Can a foreign company register a sound mark in China through Madrid? Yes. Check that the international registration's sound sample and description meet CNIPA's requirements, since formal defects in non-traditional marks can lead to a provisional refusal.
Does a voice need to be registered to be protected? No. Personality rights in a voice exist without registration; a sound mark adds protection for the specific sound as a brand.
Will the 2027 revised law change this? The revised Trademark Law takes effect on 1 January 2027 and renumbers some articles. This guide cites the current law; check the new text and implementing rules once they apply.
J&C Intellectual Property Agency (JCIPO), founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We file word, logo, sound and other marks in China and handle refusal reviews, see our trademark registration service. Patent filings are handled through an affiliated patent agency.
