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Do homophonic words count as trademark infringement?

If it is enough to cause consumers to misunderstand the source of goods and services, it constitutes infringement.

Registering trademarks with homophonic words is a taboo. When a trademark registrant uses words with similar pronunciation to register a trademark for the same type of product, the Trademark Office will not approve it. According to anti-competition laws and regulations, the trademark registered by the trademark registrant causes consumers to misunderstand the goods and services, which will cause the consumer to misunderstand the goods and services. constitute infringement.

Extended information:

Article 1 is to promote the healthy development of the socialist market economy, encourage and protect fair competition, stop unfair competition, and protect the legitimate rights and interests of operators and consumers. , enact this law.

Article 2: Operators shall abide by the principles of voluntariness, equality, fairness, and integrity in production and business activities, and abide by laws and business ethics.

Unfair competition as referred to in this Law refers to the behavior of operators that violate the provisions of this Law, disrupt the order of market competition, and damage the legitimate rights and interests of other operators or consumers during production and business activities.

Operators as mentioned in this Law refer to natural persons, legal persons and unincorporated organizations that are engaged in the production and operation of goods or the provision of services (hereinafter referred to as goods include services).

Article 3: People's governments at all levels shall take measures to stop unfair competition and create a good environment and conditions for fair competition.

The State Council has established a coordination mechanism for anti-unfair competition, studies and decides on major anti-unfair competition policies, and coordinates and handles major issues in maintaining the order of market competition.

Article 4: The departments of the people’s governments at or above the county level that perform administrative duties for industry and commerce shall investigate and deal with acts of unfair competition; if laws and administrative regulations stipulate that other departments shall investigate and deal with them, such provisions shall prevail.

Article 5: The state encourages, supports and protects all organizations and individuals to conduct social supervision of unfair competition.

State agencies and their staff shall not support or cover unfair competition.

Industry organizations should strengthen industry self-discipline, guide and standardize members’ competition in accordance with the law, and maintain the order of market competition.

Baidu Encyclopedia - Trademark Law

Baidu Encyclopedia - Anti-Unfair Competition Law