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Trademark infringement is a serious problem particularly in this era of global competition. But how can a manufacturer know if its trademark has been unlawfully used by a rival brand? There are some important factors that are used to determine if the trademark of a certain manufacturer has been infringed.

The most important factor in this regard is the resemblance in way the word sounds, pronunciation, meaning, spelling or looks of the trademark. Any significant similarity between the two as far as any of these aspects are concerned could lead to a great confusion for prospective customers of a company. This in turn would lead to commercial loss to the company that possesses the trademark as the consumer will not be able to differentiate their products from the counterfeit ones. If the two words sound quite similar, then not even a change in spelling can protect the symbol from infringing the trademark.

The next factor is how the products or services provided by manufacturers with similar trademarks 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 feature that has to be looked into is the degree of knowledge of the consumers of the product. Closely resembling trademarks will not develop confusion in the minds of well informed consumers who conduct a thorough study of the item that they intend to buy. Knowledgeable consumers are armed with an extensive knowledge of rival products, and so they can keep themselves away from the impact of closely resembling trademarks.

This confusion is usually confronted by a common buyer, who purchases things in a hurry and pays little attention to the subtle details. He would not be conscious of the subtle differences between the two trademarks, which in turn will increase the chance of his buying a fake product. This is one of the most common examples of trademark infringement that has to be tackled legally.

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