What Does Trademark Infringement Mean?
In the wake of the stiff competition in the market, trademark infringement has become a major problem. But how is it possible to determine when a specific trademark is being used unlawfully by a company? There are some factors that have to be examined for finding out whether the trademark has been infringed by another firm.
The main aspect is to look into the similarity between the two trademarks with respect to appearance, sound, meaning, spelling and pronunciation. Any significant resemblance between the two as far as any of these aspects are concerned could lead to a lot of confusion for prospective customers of a firm. This would make it difficult for the consumers to select the authentic products, and they might end up purchasing dubious ones, causing revenue loss to the firm with the genuine trademark. You must keep in mind that if the pronunciation is quite similar, difference in spelling can be insignificant as far as infringement is concerned.
The second consideration is whether the manufacturers of similar brand names are marketing products and services that are connected to each other. If they are unrelated, there will be much lesser chance of confusion even if they have very similar trademarks.
Another aspect that needs to be investigated is the degree of knowledge of the consumers of the product or service. Even similar trademarks can’t puzzle smart customers, who go for an elaborate background check on an item before purchasing it. Such customers are armed with comprehensive knowledge of the competing brands and therefore they are not puzzled by closely resembling trademarks.
It is the ordinary shopper who in his haste might select a wrong product from the store by confusing the two trademarks. The differences between two trademarks would usually be elusive to him, making him the victim of fake products that steal trademarks. This is one of the perfect examples of the kind of infringement of trademark that needs to be properly guarded against.
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