Phonetic similarity
Two trademarks can sound the same even though they are spelled differently. Because many people hear trademarks first – in conversation, on the phone, in advertising – sound is one of the main sources of confusion.
What matters in sound
For sound similarity, three things are examined above all: the vowel sequence (which vowels in which order), the syllable count and the sound rhythm (stress and speech melody). If these largely match, two trademarks sound similar – even if the visual appearance differs.
The beginnings of words carry particular weight: they shape the auditory impression most. A different ending often does not offset an identical beginning.
Say the names out loud
If two trademarks are barely distinguishable on the phone, there is a real risk of confusion – regardless of how differently they are spelled.
Example
This is what a sound alert looks like
Examples of sound proximity
The German Federal Patent Court judged the signs highly similar in sound – the unusual spelling changed nothing about the auditory impression.
The lesson: A "creative" spelling doesn't protect against sound confusion.
BPatG, 24 W (pat) 37/08, 2009
An extra "h" changes the spelling but not the sound – customers inevitably think of the original.
The lesson: Silent additions don't eliminate sound identity.
Trademark law teaching example
Different letters, same sound: spoken, the two are barely distinguishable.
The lesson: Homophone spellings are a classic conflict case.
Teaching example
Why Free reaches its limits here
A mere search for exact matches finds neither "Xxero" nor "Niveah" – because in writing they are different. Sound similarity is detected only with an analysis that compares the auditory impression. That is exactly what our Pro plan provides in addition to the exact check.
Sound – the signals in detail
The other types of similarity
Sound hits are detected by Pro
Start for free with basic protection and upgrade to Pro for the sound check.
This article is for information and does not constitute legal advice.