In the wake of the stiff competition among manufacturers and service providers, infringement of a trademark has become a major issue. But how is it possible to determine when a specific trademark is said to be used illegally by a company? There are some factors that need to be checked for finding out whether the trademark has been infringed by another firm.
The main aspect is to study the likeness between the two trademarks with respect to design, sound, meaning, pronunciation and spelling. If the similarity between the two on any one of these counts is significant enough to create confusion in a buyer's minds, it will be tantamount to trademark infringement. This would result in financial loss for the firm with the authentic trademark, because the consumer might end up purchasing the product of the competitor. If the two words sound quite similar, then not even a change in spelling can protect the company from trademark infringement.
The second factor to be taken into account is the connection between the products and services provided by the manufacturers having similar trademarks. If they are not even remotely connected, the similarity would not create much confusion in the minds of consumers.
Another important factor is how conscious the customers of the products or services in question are. Similar trademarks are less likely to create confusion for those buyers who prefer doing a comprehensive study of the products they are about to purchase. Such customers are armed with thorough knowledge of the competing brands and therefore they are not confused with the similarity in trademarks.
It is only an uninformed buyer who might end up purchasing a product in haste and get puzzled by the two trademarks similar to each other. He would not be conscious of the finer differences between the two trademarks, which in turn will increase the chance of his buying a counterfeit. This is the perfect instance of trademark infringement, which has to be prevented.
The main aspect is to study the likeness between the two trademarks with respect to design, sound, meaning, pronunciation and spelling. If the similarity between the two on any one of these counts is significant enough to create confusion in a buyer's minds, it will be tantamount to trademark infringement. This would result in financial loss for the firm with the authentic trademark, because the consumer might end up purchasing the product of the competitor. If the two words sound quite similar, then not even a change in spelling can protect the company from trademark infringement.
The second factor to be taken into account is the connection between the products and services provided by the manufacturers having similar trademarks. If they are not even remotely connected, the similarity would not create much confusion in the minds of consumers.
Another important factor is how conscious the customers of the products or services in question are. Similar trademarks are less likely to create confusion for those buyers who prefer doing a comprehensive study of the products they are about to purchase. Such customers are armed with thorough knowledge of the competing brands and therefore they are not confused with the similarity in trademarks.
It is only an uninformed buyer who might end up purchasing a product in haste and get puzzled by the two trademarks similar to each other. He would not be conscious of the finer differences between the two trademarks, which in turn will increase the chance of his buying a counterfeit. This is the perfect instance of trademark infringement, which has to be prevented.
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