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Is approximate trademark a trademark infringement? Do trademarks sound similar?
Lawyer Ma Yingqiu replied: Hello, it's my pleasure to answer your question. According to Article 52 of the Trademark Law of People's Republic of China (PRC), there are five cases of trademark infringement. The first paragraph stipulates that "without the permission of the trademark registrant, a trademark that is the same as or similar to its registered trademark is used on the same kind of goods or similar goods." Infringement can be divided into the following four forms: (1) The trademark accused of infringement is the same as the registered trademark, and the goods used by the accused infringing trademark belong to the same category as those approved by the registered trademark. (2) The accused infringing trademark is the same as the registered trademark, and the goods used by the accused infringing trademark are similar to those approved by the registered trademark. (3) The accused infringing trademark is similar to the registered trademark, and the trademark used by the accused infringing trademark belongs to the same category as the goods approved for use by the registered trademark. (4) The accused infringing trademark is similar to the registered trademark, and the goods used by the accused infringing trademark are similar to those approved by the registered trademark. Therefore, approximate trademarks belong to trademark infringement. As for "are trademarks similar in pronunciation?" Generally speaking, judging whether two trademarks are confused because of similar pronunciation is based on human hearing. You registered a trademark with "Hongdu", but the pronunciation is similar to the existing trademark "Hongdu", which is enough to confuse consumers, so it will be considered as infringement.