What constitutes trademark infringement?

Trademark infringement occurs when a party uses a mark that is identical or confusingly similar to a registered trademark owned by another entity, in connection with goods or services that are similar to those offered by the trademark owner. This can lead to consumer confusion regarding the origin of the products, which weakens the value of the trademark.

Using a logo similar to a famous brand falls into this category because it can lead consumers to mistakenly believe that there is an association, endorsement, or sponsorship by the original trademark holder. The law protects the rights of trademark holders to ensure that their brand identity is not diluted or misrepresented in the marketplace, and thus, this choice directly addresses the criteria for infringement.

In contrast, creating a product without a registered trademark does not automatically constitute infringement, as it is possible to offer goods without having a trademark, provided that there is no use of another's trademark. Changing a product's name legally does not, in itself, result in infringement unless the new name is still confusingly similar to an existing trademark. Marketing a product that does not resemble another brand also does not indicate infringement, since trademark disputes typically arise from similarities that may confuse consumers.