What Constitutes Infringement Of A Trademark?
Trademark infringement is a serious problem especially in this age of global competition. The examining of misuse of a trademark by a firm other than the owner of the trademark needs certain factors to be taken into account before arriving at the final conclusion on the alleged infringement.
The most important factor in this respect is the similarity in way the word sounds, pronunciation, meaning, text or looks of the trademark. Any substantial resemblance between the two in any one of these aspects could lead to a great confusion for potential customers of a firm. This would make it tough for the consumers to select the authentic products, and they might end up buying fake ones, causing revenue loss to the company with the genuine trademark. If the two words sound quite similar, then not even a difference in spelling can save the company from infringing the trademark.
The second factor is whether the owners of similar brand names are selling goods and services that are connected to each other. If they are not even remotely connected, the similarity would not develop a lot of confusion in the minds of customers.
Another essential factor is how aware the consumers of the items or services being offered are. Even similar trademarks can’t puzzle smart customers, who do an elaborate background check on a product before buying it. Sophisticated consumers are armed with an extensive knowledge of rival products, and so they can keep themselves away from the impact of closely resembling trademarks.
It is only an average buyer who might end up buying a product in haste and get puzzled by the two trademarks identical to each other. The differences between two trademarks would usually be elusive to him, making him the target of fake items that steal trademarks. This is one of the best examples of trademark infringement that has to be handled legally.
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