Trademark infringement is a major issue particularly in this age of stiff competition. But how can a company know if its trademark has been illegally infringed 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 first factor is to see how similar the two trademarks in question are in terms of looks, pronunciation, sound, implications or spelling. If the similarity between the two on any one of these factors is substantial to give rise to confusion in a buyer’s minds, it will amount to infringement of trademark. This would lead to financial loss for the company with the genuine trademark, because the consumer might end up purchasing the product of the rival company. You should keep in mind that if the pronunciation is substantially similar, difference in spelling can be insignificant as far as infringement is concerned.

The next factor to be considered is the link between the items and services offered by the manufacturers having similar trademarks. If they are not even remotely connected, the likeness would not create a lot of confusion in the minds of customers.

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This confusion is generally confronted by a common buyer, who buys products in a hurry and pays little attention to the finer details. He would not be aware of the finer differences between the two similar trademarks, which in turn will increase the likelihood of his buying a fake product. This is the perfect instance of trademark infringement, which has to be prevented.

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