Reasons behind Legal Issues related to Trademarks

1. Trademarks similar to Designation of Origin: trademarks often arise when a trademark applied for, or being used, is identical or similar to a Designation of Origin mark. As per the law, any trademark that is similar to a Designation of Origin mark cannot be registered or used.

2. Two companies using similar marks for same products/services: Using an identical mark on the same product would constitute infringement. For instance, if a new company manufactures and sells computers under the trademark “Apple,” it will most likely cause confusion since consumers will be led to believe that Apple Inc. is selling those computers. If the marks are similar enough in sound, look, or meaning, using a very similar mark on the same goods can easily lead to an infringement claim.

3. Strength of the plaintiff’s mark: The plaintiff’s trademark indicates that the products or services come from a specific source, which is an important point to examine when considering whether the defendant’s trademark is likely to cause confusion with the plaintiff’s mark. Suppose the parties are not direct competitors, but their goods or services are related. In that case, numerous other considerations come into play in calculating the possibility of confusion.

4. Likelihood of confusion: When trademarks and the goods and/or services for which they are used are similar, people may mistakenly believe they come from the same source. When two or more trademarks sound similar, are visually similar, and convey the same general commercial impression, they may confuse consumers.

5. The degree of care: The reason for this higher degree of care is that an average consumer buys an expensive item less frequently. Under these circumstances, the courts require a more substantial showing of similarity to justify a claim of likelihood of confusion. In the case of inexpensive items, the buyer may not exercise a high degree of care.