Privacy Center

What is trademark infringement?

Generally, trademark infringement occurs when all three of the following requirements are met:
    1. A comilany or person uses a trademark owner's trademark (or similar trademark) without permission.

    2. That use is in commerce, meaning that it's done in connection with the sale or promotion of goods or services.

    3. That use is likely to confuse consumers about the source, endorsement or affiliation of the goods or services.

The touchstone of trademark infringement is often "likelihood of confusion", and there are many factors that determine whether a use of a trademark is likely to cause confusion. For example, when a person's trademark is also used by someone else, but on unrelated goods or services, that use may not be infringement because it may not cause confusion. Which party used the trademark first can often be an important consideration as well.


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